Jan. 2011: What IEP is implemented for a transfer student?

Marshall v. Monrovia SD  (9th Cir., Dec. 15, 2010) ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ A very severely developmentally disabled student attended a virtual charter school in California.  After several years of an IEP that called for independent study/home instruction, the charter school and the parent agreed to an IEP that placed the student in a general education third grade classroom full time.  This IEP was not implemented as the parent immediately enrolled the student in a neighborhood school. A receiving district of a student on an IEP must provide FAPE, including services comparable to those on the student's IEP.  The receiving district concluded that it would implement the last implemented IEP for the student, not the new IEP that was never implemented.  The administrative law judge and the Ninth Circuit agreed, stating: "providing services in accordance with the previously implemented IEP effectuates the statute's purpose of minimizing disruption to the student while the parents and the receiving school resolve disagreements about proper placement."  The court also agreed that the district's offer of FAPE with placement in a special class was the least restrictive environment appropriate for the student.