Office of Student Learning & Partnerships
NOTE: The resident school district can delegate some or all of its responsibilities for providing special education to the attending district.
When an inter-district agreement has been signed between two districts, the attending district agrees to the following:
Be responsible for implementing the IEP, including ESY if the student qualifies;
Allow the student to remain in the stay put placement during the pendency of any special education due process proceedings unless the resident district and the parent(s) agree otherwise;
Provide the resident district with sufficient notice of date and time the attending district would like to have an IEP meeting scheduled;
Immediately notify the resident district superintendent and special education director if they suspect that a child may have a disability and may need special education services;
Immediately notify the resident district superintendent and special education director if the student, whether disabled or not, has engaged in conduct that may lead to suspension or expulsion;
Immediately notify the resident district superintendent and special education director of any complaint made by the parent regarding the student’s regular or special education program.
Districts must use disability neutral criteria in deciding whether to grant an inter-district transfer. Districts may negotiate cost-sharing or reimbursement arrangements between the attending and resident school district. Either school board may deny the transfer request and any appeals must be made under the denying board’s policy. The State Superintendent of Public Instruction, the State Board of Education, and ODE do not have the authority to override a local board’s decision regarding an inter-district transfer.
While school districts must use disability neutral criteria when deciding whether to grant a transfer agreement, the districts are not required to enter into such agreements. A district may be justified in refusing to accept a transfer student on the grounds that the district does not have a placement or program available to meet the student’s individual needs or when the district’s programs are full.
An agreement provides for a change in a student’s attendance district only and does not provide for student eligibility to play or participate in co- or extra-curricular activities. To determine student eligibility for co-curricular and extra-curricular activities, review Oregon School Activities Association (OSAA) eligibility guidelines and consult with the building principal and/or athletic director. Under OSAA guidelines, a student who transfers to another school district may be ineligible for co- or extra-curricular activities for certain periods of time after the transfer or may be ineligible after returning to his or her resident school district.
A recent Attorney General’s opinion regarding funding for special education students attending school on transfer agreements is currently being reviewed by the Special Education Directors Advisory Committee. Based on the AG’s letter of November 22, 2005, our current practice of dividing State and Federal funding