Why Are Out-of-State IEPs Rejected When Families Move to (my state)?

[Lisa Lightner]

Posting from email:

 

Do you know why it is so hard to qualify for an IEP in (redacted)? I have many military parents who transfer to the school I work at, (redacted), with their child who just qualified for an out-of-state IEP. As soon as they transfer into our district, their IEP is rejected. It is the hardest thing for a special education teacher to watch and not be able to do anything.

[Lisa Lightner]

This is incredibly frustrating, and what you’re seeing is a combination of federal rules and local interpretation, not a sign that students suddenly stopped needing support. If anything, I've always argued that when a child moves, and loses their "community" and friends etc., ,it should be expected that needs have increased, not decreased. Moving is stressful. 

Here’s what’s going on:

1. Federal law (IDEA) requires schools to honor an incoming IEP. When a military family transfers mid-year, the new district must provide services comparable to the previous IEP until it conducts its own evaluations and writes a new one. That’s not optional.

2. However, (your state) uses a very tight interpretation of eligibility categories. Some states are more flexible with diagnosing learning disabilities, autism, speech/language needs, or OHI (ADHD/anxiety). A child who qualifies in Colorado or Virginia may not meet Missouri’s criteria.

This leads to:

• Parents arriving with a valid IEP

• The district “reviewing” it

• And then determining....sometimes very quickly....that the student “doesn’t qualify” under Missouri’s rules

It feels like rejecting the IEP, but technically they are saying the student doesn’t meet state criteria once reevaluated. Know that I have seen this allllll over the place, in both military and non-military families who moved. 

Military families feel this more intensely because they move so often. Transitions mean repeated reevaluations, and Missouri’s stricter criteria create a pattern where incoming students repeatedly lose eligibility.

Teachers often feel helpless watching it happen. You’re not imagining it, and you’re not the only one saying it. This has been raised at state and federal levels because it causes academic and emotional whiplash for kids.

What families can do:

• Bring all outside evaluations with them

• Request Prior Written Notice when eligibility is denied

• Request an Independent Educational Evaluation (IEE) if they disagree

• Document educational impact, not just test scores

• Connect with the installation EFMP office, this is exactly what they’re there for (there are other military resources too)

• Request stay-put protections when appropriate (during mid-year moves)

And no, wanting services doesn’t equal “over-qualifying” students. These children had legally valid IEPs in their previous state. Missouri’s process simply creates a higher barrier.

What you’re witnessing is exactly why parent advocates are needed.