Vermont IEP Transfer Students: What Happens to Your Child's IEP When You Move

Moving with a child who has an IEP introduces a specific set of anxieties: Will the new school honor the plan? Will services restart immediately or will there be a gap? Do you have to start the whole evaluation process over?

Vermont has clear rules on IEP transfers that protect students from falling through the cracks when families relocate. Here's how it works — whether you're moving within Vermont or arriving from another state.

Moving Within Vermont: Same-State Transfer

When a student with an IEP moves from one Vermont supervisory union to another, the receiving SU must:

Implement the current IEP while the transition is completed. The receiving district must implement the current IEP to the extent possible while it decides whether to adopt it or develop a new one. In the absence of exceptional circumstances, IEP services must commence within one week of enrollment.

Adopt the transferring IEP or develop a new one. The new district has two choices: adopt the student's current IEP as written, or convene an IEP meeting and develop a new IEP. It must continue implementing the current IEP to the extent possible while a new IEP is developed; the district cannot use the IEP development process as a reason to delay services.

Consult with the parents. In making the decision about whether to adopt or rewrite the IEP, the district should consult with you. If they want to change the IEP, they must follow the normal procedures — providing Prior Written Notice and giving you an opportunity to participate; consent is required for the initial provision of special education services.

In practice, within-Vermont transfers are generally smoother than out-of-state transfers because Vermont's Rule 2360 applies consistently statewide. The bigger variable is the receiving district's capacity and staffing, particularly if you're moving from a larger supervisory union to a smaller rural one.

Moving from Another State to Vermont

When a student with an IEP moves from another state to Vermont, the Vermont district must provide FAPE, including services comparable to those in the previous IEP, while it conducts its own evaluation and develops, adopts, and implements a new IEP.

The wrinkle with out-of-state transfers is that Vermont has its own eligibility criteria under Rule 2360. For most disability categories, Vermont's three-pronged eligibility test includes a disability, an adverse effect on educational performance in one or more basic-skill areas, and a need for specially designed instruction; category-specific rules apply to Deaf-Blindness and Specific Learning Disability. These criteria may differ from those used in the sending state. Some students who were eligible in other states may not meet Vermont's specific criteria; some students who struggled to get evaluated elsewhere may qualify under Vermont's approach.

Vermont cannot simply "grandfather in" an out-of-state IEP indefinitely. The district must either adopt the existing IEP or conduct its own evaluation and make its own eligibility determination under Vermont's rules. During that process, comparable services must continue.

The timeline: Vermont's 15-calendar-day rule applies after a written referral or request for an evaluation. The 60-calendar-day rule described above applies after signed parental consent for an initial evaluation; do not treat it as a universal transfer or reevaluation deadline. If you enroll and request that Vermont conduct its own evaluation, ask the district which evaluation process applies and document the dates.

What "Comparable Services" Actually Means

"Comparable" does not mean identical. If your child's IEP from your previous district specified services that Vermont delivers differently — for example, a service configuration that isn't available at the new school's building — the district needs to find an equivalent way to provide those services, not simply tell you the service doesn't exist here.

If the comparable services offered seem substantially less than what was in the old IEP, document your concern in writing and request that the IEP team explain why the proposed services are comparable. Ask the team to show you the data they're relying on.

What to Do Before You Move

If you know a move is coming, there are things you can do to protect continuity of services:

Get all records before you leave. Request a complete copy of your child's educational file from the current district — including all evaluation reports, the current IEP, progress reports, and any behavior plans. You have the right to these records under FERPA. Having them in hand means the receiving district has everything they need from day one and cannot use missing records as a delay tactic.

Request a summary conference. Ask your child's current IEP team to document a clear summary of the child's current performance levels, what's working, what isn't, and what the team recommends for continuity. This information can be shared with the new team.

Contact the new district before you move. Reach out to the new supervisory union's special education director before your child's first day of school. Introduce yourself, explain that your child has an active IEP, and confirm that services will be in place on enrollment day. Get confirmation in writing (email is fine).

Identify the Vermont Family Network. The Vermont Family Network (vermontfamilynetwork.org) can connect you with local support and help you understand how the new supervisory union typically handles transfers. Their family support consultants know the specific SUs across the state.

Navigating the Gap If Services Are Delayed

If you enroll and services do not begin within the applicable transition period — for an in-state transfer, absent exceptional circumstances, within one week — document it. Note the date of enrollment, what services should be in place under the old IEP, and the date services actually begin. If there is a service gap, the receiving district may owe your child compensatory education to make up for the lost services.

For an in-state transfer, file a written complaint with the special education director if services have not begun within one week of enrollment. If the district does not respond adequately, file an administrative complaint with the Vermont Agency of Education ([email protected]) documenting the date of enrollment and the delay in service provision.

If the New District Wants to Re-Evaluate First

Districts sometimes try to make re-evaluation a precondition for beginning services. This is not permitted. Vermont law requires FAPE and comparable services while the evaluation and new-IEP process is pending. A district that conditions services on completing its own evaluation first is violating the student's rights.

The receiving district can initiate a re-evaluation (and may need to eventually), but that process must run parallel to service provision, not as a prerequisite.

If you encounter this situation, cite Vermont Rule 2360 and IDEA's transfer provisions in writing to the special education director and request that services begin under the applicable transfer rule while the re-evaluation is pending. If there is no response, contact the AOE.

The Vermont IEP & 504 Blueprint includes a transfer preparation checklist that covers every step from requesting records at the old school to enforcing service continuity at the new one.

Tuitioning and Independent School Transfers

Vermont's town tuitioning system means that some families moving to Vermont towns without a public school will be tuitioned to an approved independent school. Under 16 V.S.A. § 2973, as amended by Act 173 and implemented through State Board rules, an approved independent school that accepts public tuition must enroll a student with an IEP who requires special education services when the IEP team or LEA places the student there as an appropriate placement and least restrictive environment, subject to statutory exceptions.

The sending supervisory union remains legally responsible for ensuring your child receives FAPE, even when they're tuitioned to an independent school. If the independent school does not have the capacity to implement your child's IEP, the SU must make alternative arrangements.

Don't assume that being tuitioned to an independent school resolves the question of IEP implementation — confirm in writing with the SU who is responsible for each service in the IEP before your child starts.

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