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Moving Forward Together

We moved to a new state. Does my child lose their special education eligibility?

Reviewed by Dr. Elizabeth Long, Ph.D. — Director of Special Education, 32 years in public schools.

No. Moving to another state does not simply erase your child's IEP or mean your child starts over without support. IDEA is a federal law, so the core protections and requirements follow your child. However, because each state has its own special education rules and procedures, the new school district may need to review your child's records and determine whether a new evaluation is necessary under the new state's requirements.

If your child transfers to a new state during the same school year with an IEP that was in effect, the new district must, in consultation with you, provide FAPE — including services comparable to those in the previous IEP — while it determines whether an evaluation is necessary and develops, adopts, and implements a new IEP if appropriate.

What should I do when we move? Be proactive and bring the new school into the conversation early.

  • Provide the new school with your child's current IEP, evaluations, progress reports, BIP, and other relevant records.
  • Ask when the school will meet with you to review your child's current IEP and needs.
  • Ask what comparable services will be provided while the new district completes its transition process.
  • Share what is working, what isn't, and what your child needs to continue making progress.
  • Ask whether the district believes additional evaluation is necessary and, if so, what information it needs.
  • Review the new state's requirements and procedures so you understand how the transition will work.

The new district is also required to take reasonable steps to promptly obtain your child's records from the previous district.

*Same Team approach:* A move is a transition — not a reason to start over. Your child's needs, history, strengths, and progress should come with them. Rather than approaching the new school with "You have to give my child exactly what the old school gave them," start with: "Here is what my child's previous team determined they needed, here is what has been working, and here is what we know about their progress. How can we work together to make sure that support continues while we determine what my child needs in this school and state?"

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This is educational information, not legal advice. IDEA, Section 504, FERPA, and state rules may differ by situation.

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