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You don't automatically need a brand new evaluation just because you crossed the state line. Now that said, some states may have their own regulations on top of the federal requirement. As always, with anything state-specific, check the regulations in your new state, because things can change and state rules can only go up from that federal floor, never below it.
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I'm Jenny Sherson, ex-special educator turned dyslexia interventionist. It wasn't so long ago that I too was overwhelmed by balanced literacy versus structured literacy, education speed, and everything in between. Fast forward after many, many hours of self-driven education, and you'll see I've built a thriving dyslexia practice helping students from age 6 to 18.
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My specialties, working with a quote unquote difficult, almost always to me, student, and breaking down the complexities of dyslexia into everyday language strategies and action steps. If you caught the last episode, we talked about what happens to your child's IEP when they change schools, and how the word comparable can mean a lot of different things depending on who's sitting across the table from you. If you haven't listened to that one yet, go back and check it out because it sets the stage for what we're talking about today.
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Because moving out of state, that's everything from last week's episode with another layer on top of it. Same federal law, different state, different procedures, different evaluation requirements, a brand new team who has never met your child, and a clock that starts ticking the moment your child walks through the door of their new school. So let's talk about what you need to know.
IDEA, the Individuals with Disability Education Act, is a federal law. That means the foundation is the same in every state. The 13 eligibility categories, your child's right to a free appropriate public education, the requirement for comparable services during a transition, the IEP process itself, all of that travels with you.
But here's what can look very different from one state to the next. While the eligibility categories are federal, the procedures and criteria each state uses to determine whether a child meets those categories can vary. And the same is true for evaluations.
Each state must adopt its own criteria and procedures for how SLD evaluations are conducted, and districts are required to use those state criteria. Think of federal law as the floor. States can only build up from there, not tear it down.
But some states have built a ton more on top of that floor than others have. What that means in practice is that a new school in a new state may approach your child's eligibility determination and evaluation using a different process, different document requirements, or different criteria than what you're used to. The category your child qualifies under doesn't change, but how the new school gets there and how rigorously they apply the standards can feel very different depending on where you've landed.
And that's why knowing your new state's specific special education regulations matter. The word dyslexia, the specificity of your child's eligibility classification, the way evaluations are conducted, and the services are structured, all of that can be influenced by what your new state has built on top of the federal foundation. And the new school has to provide comparable services while they start everything out.
But they will also likely want to take a closer look at your child and figure out where they fit within their own system. Which brings us to the transition meeting. Most schools will schedule a transition IEP meeting around the 30-day mark after your child starts.
They want to get their own read on your child before making any decisions about services and goals. And here's the reality of that timeline. 30 days is not a lot of time, especially if your child started at the beginning of a new school year where everything is chaotic, staff are getting settled, and your child is still adjusting to a new building and new teachers and new routines.
The old team spent months, sometimes years, learning how your child learns, what they need, and how to reach them. 30 days does not replicate that. And yet, parents are often asked to make significant decisions about their child's IEP at that meeting.
Decisions that can affect their services for a long time. This is not the moment to feel rushed. You have the right to take time, ask questions, and request data before you sign anything.
That 30-day meeting is the beginning of a conversation, not the end. One of the things that commonly comes up in an out-of-state transition is a recommendation for a new evaluation. The new school wants to assess your child themselves through their own processes using their own state's criteria.
Now, here's something really important to know. Under federal regulations, a student with an IEP is required to be re-evaluated every three years. That's the federal floor.
So, if your child moves before that three-year window is up and their current evaluation is still within that period, that evaluation should still be valid. You don't automatically need a brand new evaluation just because you crossed the state line. Now, that said, some states may have their own regulations on top of the federal requirement.
As always, with anything state-specific, check the regulations in your new state. Because things can change and state rules can only go up from that federal floor, never below it. If a new evaluation is recommended, you have the right to understand why.
What specifically is the new school looking to learn that the existing evaluation doesn't already tell them? That's a fair question to ask before you consent to anything. And here's something that catches a lot of families off guard when they move out of state. And it's something I want you to be watching for specifically.
SLD stands for Specific Learning Disability. It's the eligibility category under IDEA that covers what are often called the dis's. Dyslexia, dyscalculia, dysgraphia, and others.
SLD is the umbrella. And the more specific the language underneath that umbrella, the better. So SLD dyslexia is more specific than SLD reading.
And SLD reading is more specific than just SLD. The more drilled down that eligibility language is, the clearer the picture for every teacher, specialist, and team member who works with your child now and in the future. It follows them.
It tells the story. What sometimes happens in an out-of-state transition is that a new school reclassifies a child's eligibility to a broader, less specific category. It may not feel like a big deal in the moment.
They're still eligible. They still have an IEP. But that specificity matters for the services your child receives and for every team that advocates for them going forward.
Here's something important to know if a new school tells you they can't use the word dyslexia in the IEP. In October 2015, the U.S. Department of Education Office of Special Education and Rehabilitative Services issued what's called a Dear Colleague Letter. And it states clearly that there is nothing in IDEA that prohibits the use of the terms dyslexia, dyscalculia, or dysgraphia in evaluations, eligibility determinations, or IEP documents.
That guidance was sent directly to state and local education agencies across the country. So if a school tells you they can't use the word, that is not accurate. The federal guidance says otherwise, and you can find that on their website.
And if you still run into resistance despite that, ask about the parent comment section of the IEP. That section exists, and it's a place where you can make sure the word dyslexia is documented somewhere in that IEP regardless of what ends up in the eligibility line. Now, if you're a military family navigating an out-of-state move with a child who has an IEP, there is a program specifically designed to support you through these transitions.
It's called the Exceptional Family Member Program, or EFMP. EFMP offers educational support and has school liaison officers at installations who can help families understand their rights and navigate the IEP process in a new state. Some installations also have case managers who can attend IEP meetings with you, though that varies by branch and by installation.
Your mileage may vary with EFMP. The support available to you depends on where you're stationed and which branch you're in. So the best thing you can do is contact your installation's EFMP office directly and ask what's available to you.
Don't assume, ask. And regardless of what support you access through EFMP, your records remain your most reliable, constant through every move. Now, we talk about this all the time, right? We talked about in the last episode too, and it bears repeating, especially for an out-of-state move.
Your child's complete records are what tells their story when no one in that new building knows them yet. Current IEP, all evaluation reports, progress notes, prior written notices, any written correspondence, all of it. Get it before you move.
In a new state with new eligibility standards and a new team starting from scratch, your records are your evidence. They are what you point to when a new school questions services, challenge eligibility, or suggests a child needs to be reevaluated from the ground up. You cannot advocate for what you cannot document.
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Get the records, keep the records, and take them with you. Now, here's what I want you to take away from today. Moving out of a state with a child who has an IEP is navigable.
Federal law still protects your child. Comparable services are still required while the transition sorts itself out. And a new state does not automatically mean starting from zero, but it does mean you need to be paying attention to how your child's eligibility is classified, to whether a new evaluation is actually necessary or just the school's preference, to the difference between the federal floor and what your new state builds on top of that, and to the fact that 30 days is not enough time for anyone to truly know your child.
Remember, the IEP is a living document and can be updated or changed at any time throughout the year. Get your records before you move, check your new state's regulations, and ask questions before you sign anything. And if you're in the middle of an out-of-state transition right now and things aren't adding up, that's exactly what we work through inside Together Through Dyslexia.
All the information for Together Through Dyslexia is in the show notes. Remember, you don't have to figure this out alone. Until next time, bye-bye.
I hope you enjoyed this episode of Literacy Untangled. If you loved this episode as much as I did, head on over and rate and subscribe so you never miss an episode. If you want to continue the conversation or share your takeaways, head on over to our Instagram at Literacy Untangled and comment on your favorite part.
I can't wait to hang out with you again soon. Bye!
