When a student with a disability transfers into Greenville County Schools (GCS), the District, in collaboration with the parents, must ensure the student receives a Free Appropriate Public Education (FAPE), including services comparable to those described in the student’s IEP from the previous district. Comparable services are defined as those that are similar or equivalent to the services outlined in the student’s Individualized Education Program (IEP) from the previous district. The District must provide comparable services without delay and take reasonable steps to promptly obtain the student’s educational records from the previous district, including the IEP and any supporting documents related to special education services. For out-of-state transfers, GCS staff should use the District’s Request for School Records (Out-of District) form to obtain records. For in-state transfers, GCS staff should submit a Special Education Support Request to initiate an electronic request through the Student Records Transfer (SRT) system in Enrich. The request should include the Student’s Name, Student’s Date of Birth, student ID (if known), Sending District Name, and Sending School Name (if known). Once the records request is processed, the Case Manager will receive an email notification. No consent for release of educational records is required, as the request is covered under the Family Education Rights and Privacy Act (FERPA). While awaiting records, students must not be sent home due to their disability or the nature of their needs.
All in-state or out-of-state students transferring into the district will register at their homebased schools. The Case Manager will immediately contact and inform his or her Special Education Specialist and Psychologist regarding the transfer. If the Case Manager at the homebased school has any concerns related to the ability of the homebase school to provide the student with a FAPE, the Case Manager will contact the Special Education Specialist for assistance. It is not permissible to send a student home because of a disability or the nature of the student’s needs. The Case Manager is also responsible for notifying and sharing the student's information with all appropriate service providers.
Following registration at the homebased school, the following must occur:
During the School Year: When a student enrolls during the school year and is identified as a child with a disability under IDEA, comparable services must begin immediately.
During Summer Break: If a student enrolls during summer break, comparable services must begin on the first day of school.
When the district has knowledge that a student has been identified as a child with a disability and has an Individualized Education Program (IEP), the provision of special education and related services must begin immediately. This ensures the student receives a Free Appropriate Public Education (FAPE) and is able to progress in the general curriculum. Services should not be withheld while awaiting the receipt of official records.
If an out-of-state transfer student’s IEP and supporting documentation are not immediately available, the district must:
When an IEP is not available but the district has knowledge of the student’s disability and prior services, the following steps must be taken:
If there is a dispute between the parent and the new District regarding what constitutes comparable services, the dispute could be resolved through mediation procedures or, as appropriate, the due process hearing procedures. If the parent disagrees with the District about the comparability of services, stay-put would not apply (Federal Register, August 14, 2006, p. 46682).
When a student with a disability transfers from another South Carolina school district, including students transferring from any South Carolina Public Charter School District (SCPCSD) into Greenville County Schools Greenville County personnel, in consultation with the parents, must provide a FAPE to the child.
Within 3 business days of registration of a student that has been previously identified as a student with a disability and has an IEP, the Contact Teacher at the homebased school will complete the Transfer Information and Statement of Comparable Services in Enrich AND provide a copy to the parent along with Prior Written Notice. The Prior Written Notice must explain the comparable services decisions, indicate that these comparable services will be provided beginning the first day of active enrollment (08.20.2019), and an IEP team will convene within 15 instructional days of this date. The Procedural Safeguards (Parent Handbook to Special Education) must be provided to the parent at the same time they receive the Statement of Comparable Services and Prior Written Notice.
When providing Prior Written Notice explaining the comparable services decisions, the comparable services will be provided without delay. This is the only situation that Prior Written Notice may not be received by the parent prior to the implementation of special education and related services. It should be noted that this Prior Written Notice is sent without the IEP team convening.
After receiving and reviewing the new student’s information the District may adopt the student’s IEP from the previous district, develop and implement a new IEP, or convene the IEP team to develop a reevaluation plan.
When a student moves within the state, eligibility in South Carolina has already been established; therefore a Reevaluation Review/Eligibility Planning Meeting is not required, unless the reevaluation date has expired and there are no documents supporting a timely reevaluation from the previous district.
If a student with a disability who received special education and related services in a previous SC district, but whose previous district failed to conduct a timely annual review of the IEP, transfers into Greenville County Schools the District must provide a FAPE to the student (including services comparable to those described in the student’s expired IEP from the previous district), until the District either:
When an out-of-state student with a disability, transfers into Greenville County Schools, the District in consultation with the parents, must provide the student with a FAPE, including services comparable to those described in the student’s IEP from the previous state.
Within 3 business days of registration of a student that has been previously identified as a student with a disability and has an IEP, the Contact Teacher at the homebased school will complete the Transfer Information and Statement of Comparable Services in Enrich AND provide a copy to the parent along with Prior Written Notice. The Prior Written Notice must explain the comparable services decisions, indicate that these comparable services will be provided beginning the first day of active enrollment (08.20.2019), and an IEP team will convene within 15 instructional days of this date. The Procedural Safeguards (Parent Handbook to Special Education) must be provided to the parent at the same time they receive the Statement of Comparable Services and Prior Written Notice.
NOTE: In a situation where an IEP has been fully developed upon student registration and prior to the student’s attendance in Greenville County, the Transfer Information and Statement of Comparable Services is still required.
After reviewing the student’s information, Greenville County Schools may adopt the current IEP, conduct an initial evaluation to determine eligibility in South Carolina, and subsequently develop and implement a new IEP. If, after reviewing all available information, the IEP team does not have the documentation necessary for establishing eligibility criteria in South Carolina, the team will need to conduct an initial evaluation to determine eligibility. The purpose of the evaluation conducted by GCS will be to determine if the student is a student with a disability under South Carolina’s eligibility criteria and to determine the educational needs of the student. Therefore, the evaluation will be an Initial Evaluation and parent Consent for Evaluation will need to be obtained prior to the initiation of the evaluation. If, however, the IEP team has the supporting evidence from the previous state to establish the student’s eligibility under South Carolina’s criteria, the team will complete the Eligibility Determination form and develop an Initial IEP.
In the event the parent is unable to provide the student’s information from the previous district or the District is unable to obtain the requested information, Greenville County Schools may decide that an evaluation is necessary because the District has reason to suspect that the child has a disability, nothing in the IDEA or its implementing regulations would prevent the District from providing special education services to the student while the evaluation is pending, subject to an agreement between the parent and the District. However, if the student receives special education services while the evaluation is pending, the District still must ensure that the student’s evaluation, which would be considered an Initial Evaluation, is conducted within 60 days of receiving parental consent for the evaluation. If the District conducts an eligibility determination meeting and concludes that the student has a disability under 34 CFR §300.8 and needs special education and related services, the District must develop an Initial IEP and obtain Consent for the Initial Provision of Special Education Services. The initial IEP for the student will be implemented in accordance with applicable requirements in 34 CFR §§300.320 through 300.324 even though the child is already receiving special education services from the new district.
If the parent refuses to provide consent for the evaluation under these circumstances, the District may, but is not required to, pursue the initial evaluation by utilizing the procedural safeguards including mediation or due process procedures. If the District chooses to pursue a due process hearing to override the parent’s refusal for Consent to Evaluate, the stay-put provision does not apply. The district would treat the child as a general education student and would not be required to provide the student with comparable services while the due process complaint is being resolved. In this situation when the Parent/Guardian/Age of Majority Student refuses to provide consent for the initial evaluation, the District does not violate its obligation under Child Find if it declines to pursue the evaluation; the District would then treat the student as a general education student.
Note: In a situation where an IEP has been fully developed upon student registration and prior to the student’s attendance in Greenville County, the Transfer Information and Statement of Comparable Services is still required.
Within 15 instructional days of the student’s enrollment in Greenville County:
To complete the Transfer Information and Statement of Comparable Services document in the IEP software system, users will select “Start Program” after selecting the student.
Although most student transfers will follow the above procedures for in-state or out of state transfers, on rare occasions circumstances may dictate a slight change in the process. These circumstances are discussed below:
The above process for completing the Transfer Information and Statement of Comparable Services must be followed for eligible students who have received special education services in Greenville County Schools prior to withdrawing and have now re-enrolled. Any Special Education student returning to Greenville County from either an out-of-state school or from a private/home school must be re-activated in Enrich prior to finalizing the Statement of Comparable Services. Teachers may review history in Enrich to determine whether or not students have previously received service in GCS. In the student’s Programs tab, Previous Programs listed can be viewed, as shown below. This applies to all students who have been withdrawn from school for 10 consecutive days or who have 10 consecutive days of non-attendance to school.
If a student with a disability who received special education and related services in a previous SC district, but whose previous district failed to conduct a timely annual review of the IEP, transfers into Greenville County Schools the District must provide a FAPE to the student (including services comparable to those described in the student’s expired IEP from the previous district), until the District either:
When a student receiving special education services withdraws from GCS to another district or state for a period of time and special education services are discontinued, the student is not eligible for services upon their return to GCS. The Contact teacher for the school in which the student enrolls should immediately obtain documentation from the previous school of the discontinued services, upload this documentation in Enrich IEP, and submit a Special Education Support Request to have the student’s Special Education and Related Services discontinued in Enrich IEP. Because the Enrich IEP system maintains eligibility status for students even when they withdraw from the district, it is necessary to complete this task as the student will continue to appear active and eligible in the system. Prior Written Notice is not required for this action.
Case Managers and other service providers are reminded to complete and finalize IEP Progress Reports for students who are being served under a Transfer/Comparable Services IEP. The Transfer Statement of Comparable Services must be finalized prior to accessing the Progress Report in Enrich. At times, there may be a limited amount of information available to include in the IEP Progress Report. In this situation, in the Comments section of the progress report, it is permissible to provide general information from the previous district. Provided below are two examples for consideration. Clearly, if a student has been enrolled in Greenville County Schools for two weeks, there should be some data available to also include in a progress report.
Example 1: Student enrolled at name of your school from name of previous school or district or state on January 16, 2023. Information provided from the previous school indicates the student was progressing on their reading goal for identifying short vowel sounds for a, e, and i in 3 out of 5 opportunities. Student will continue to receive special education services and supports as identified in the Comparable Services Plan.
Example 2: Student enrolled at name of your school from name of previous school or district or state on January 16, 2023. Information provided from the previous school indicates the student was progressing on their math goal of solving multi-step problems and real-world applications by correctly determining what the problem required to be solved and was improving the percentage of problems answered correctly working from 50% to 70% on 3 out of 4 opportunities. Student will continue to receive special education services and supports as identified in the Comparable Services Plan.
The following procedural workflows give an overview of the processes and procedures related to students with disabilities transferring into the school district.
Transfer IEPs and Statement of Comparable Services