Does an IEP Transfer State to State? Moving to California

Your child's services do not stop at the state line. Under the federal special education rule (34 CFR 300.323), a child who had an IEP in one state and enrolls in a new school in another state in the same school year gets "services comparable to those described in the child's IEP from the previous public agency" until the new district evaluates the child, if it decides that is needed, and writes a new IEP. California's own law, Education Code section 56325, says the same for a child who moves in from outside the state. The word is comparable, not identical, so the first question to ask is which services, in what minutes, from the first day.

The first steps are enrollment and the district's special education office, not a school search. This page is for a move into California from another state. It gives the printed rules, the first steps at Fremont Unified and San Jose Unified, and the words to use. It cannot name or rank schools, recommend a speech or occupational therapist, or give legal advice on one case. Which school and which class is the IEP team's decision, with you on the team.

What the law says, in plain words

The federal rule runs until the new district has done two things: evaluated your child, if it finds that necessary, and written and put in place a new IEP, if appropriate. California's section 56325 (as it read in April 2025) repeats this for children "who transfer from an educational agency located outside the State of California to a district within California", and prints no number of days for that case. You may read about a 30-day limit: that is the paragraph for a move between two California districts, where comparable services run "for a period not to exceed 30 days" and by then the district adopts the old IEP or has a new one in place. It does not apply to a move from another state. Both laws also tell the new school to ask for the records and the old school to send them, so ask your current district for a full copy of the file before you leave, and bring it yourself. The rule's wording is about enrolling in the same school year; for a summer move, ask the office the same three questions below.

One more thing to know: districts say evaluation, assessment and referral for the same step. A referral is the request; the assessment or evaluation is the testing; it starts only after you sign an assessment plan.

The first steps at Fremont Unified and San Jose Unified

Fremont Unified. For a child under five, the referrals page says to complete the online enrollment and "schedule an appointment with the Student Support Services Department". Then "Once your registration is complete, you will be able to request an evaluation for your child", through a Child Find packet from the Special Education department. A parent can also "make a direct request for assessment in writing" without going through the school's study-team meeting. The clock: after a formal referral from a parent, "the school has 15 days to develop an assessment plan", and testing starts only "after the school receives written consent" from the parents. The special education office is at the district office, Room 100, (510) 659-2569, and its page has a records-request email address.

San Jose Unified. Its special education page says that if your student is newly enrolled and has an IEP, "please provide a copy of the plan", and its resource videos include one titled "Transitioning into SJUSD with an Existing IEP". Records: email specialed@sjusd.org. A parent may write a letter asking for an assessment, and the district "will respond to any referral for an assessment within 15 days", not counting school vacations longer than five days, which matters for a January arrival. For a preschool-age child, families must enroll in the district before a preschool assessment; the Enrollment Center is at 408-535-6412. Enrollment needs a photo ID for the parent, proof of age, proof of residence and immunization records, so the district's clock starts once you have a California address.

How to ask for an evaluation in writing, and the 60-day clock that runs after you sign, are on our page on an IEP or 504 plan for math.

A 4-year-old: preschool special education and TK

Special education in California starts before kindergarten. San Jose Unified's process page says "Services are provided for eligible students beginning at age 3" and that it assesses preschool-age children, ages 3 to 5, who live in and are enrolled in the district. Fremont's under-five route is the enrollment and appointment above. Which program a 4-year-old enters is a birthday rule: San Jose Unified puts transitional kindergarten (TK) at a fourth birthday "on or before September 1 of the academic year of enrollment", and Fremont's TK page prints the current year's rule, children who "turn 4 years old on or before September 1, 2026", so ask what applies for the year your child starts. A child too young for TK goes to a preschool program: Fremont runs a state preschool for 3 and 4 year old children, and San Jose Unified, which runs no preschool, says such children "may be eligible for preschool programs offered by the Santa Clara County Office of Education". Give the office the birth date and let it say which program applies; this page does not.

What to bring and what to ask

Bring the current IEP, every page; the evaluations behind it; and each therapist's latest progress note with minutes per week (our suggestion, not a district rule), plus the enrollment papers above. Then three questions for the special education office, in writing, with the IEP attached:

1. Which services from this IEP will you provide from the first day, in what minutes, until you have evaluated my child and written a new IEP?
2. Will you evaluate first or go straight to an IEP meeting, and by what date?
3. Which program does the birth date place my child in this year, and in which class and building would the services be given?

If the district stalls or you disagree with its plan, the parent-rights notice each district links, called the procedural safeguards, lists what you can do; the Mission Valley SELPA's page says it holds "the rights and protections available to parents". For private speech or occupational therapy during the move, this page names no provider; start from your current therapists' discharge summaries and the office's answer to question 1.

Where Cuemath fits

Cuemath is live, one-on-one online math tutoring for grades K through 12. A move with an IEP is a school-entry and services question; the district's special education office is the right first call, and Cuemath has no part in that step. When kindergarten math starts, a free MathFit Evaluation, a skills-and-gaps check in a live one-on-one session, shows where your child stands.

FAQs

Does an IEP transfer from another state to California?

Comparable services continue for a time, if your child enrolls in the same school year, until the new district evaluates (if it finds that necessary) and writes a new IEP. That is the federal rule, and California's section 56325 says the same for a move from outside the state. Ask in writing which services start on day one, and by what date the IEP meeting will be held.

Which schools near San Jose or Fremont are good for kids with ADHD?

No page can rank them, and this one does not. What the districts print is how a school is assigned: San Jose Unified by the home address ("School assignment is based on the legal guardian's residential address"), and Fremont with the note that "Students may be placed outside their home school based on availability." Where a child with an IEP gets services is an IEP team decision; ask the special education office which class the IEP places your child in.

Does California's 30-day rule apply to a move from another state?

No. The 30-day line in section 56325 is in the paragraph for a move between two California districts, where comparable services run "for a period not to exceed 30 days" and by then the district adopts the old IEP or has a new one in place. The paragraph for a move from outside California prints no day count, so ask the office for its planned date for the IEP meeting.

Will the district keep my child's speech and occupational therapy going?

Comparable services, not identical ones, until the new IEP is written: that is the rule's word. Speech and occupational therapy are services an IEP can carry; Fremont's FAQ lists "Speech and Language development and remediation" and occupational therapy among them. Ask question 1 above, in writing: which services, from what date, in what minutes. Private providers are not named here.

What if the district wants to evaluate my child again?

It may, if it finds that necessary, and comparable services run until it has. Testing starts only after you sign an assessment plan, so read it, ask what is unclear, and sign if you agree. The clocks differ: Fremont has 15 days to develop the plan after a formal referral; San Jose Unified responds to a referral within 15 days, not counting school vacations longer than five days. Keep a dated copy of everything you send.