(b) Implementation of IEPs. Each public agency shall ensure that:

1. (1) An IEP:

   1. (A) Is in effect before special education and related services are provided to an eligible child under this part; and
   2. (B)

(i) As soon as possible following the development of the IEP, special education and related services are made available to the child in accordance with the child’s IEP.

1. (ii) Exceptions to this would be when the meetings occur during the summer or other vacation period, or when there are circumstances which require a short delay, such as working out transportation arrangements.

   1. (iii) However, unless otherwise specified in the IEP, the IEP services must be provided as soon as possible, but not later than thirty (30) calendar days following the IEP meeting;
2. (2) The child’s IEP is accessible to each regular education teacher, special education teacher, related service provider, and other service provider who is responsible for its implementation; and

3. (3) Each teacher and provider described in subdivision (b)(2) of this section is informed of:

   1. (A) His or her specific responsibilities related to implementing the child’s IEP; and

   2. (B) The specific accommodations, modifications, and supports that must be provided for the child in accordance with the child's IEP.

      1. (c) IEPs for children who transfer public agencies in the same state. If a child with a disability (who had an IEP that was in effect in a previous public agency in the same state) transfers to a new public agency in the same state and enrolls in a new school within the same school year, the new public agency (in consultation with the parents) must provide FAPE to the child, including services comparable to those described in the child's IEP from the previous public agency, until the new public agency either:
4. (1) Adopts the child's IEP from the previous public agency; or

5. (2) Develops, adopts, and implements a new IEP that meets the applicable requirements in 34 C.F.R. §§ 300.320 – 300.324.

   1. (d) IEPs for children who transfer from another state. If a child with a disability (who had an IEP that was in effect in a previous public agency in another state) transfers to a public agency in a new state and enrolls in a new school within the same school year, the new public agency (in consultation with the parents) must provide the child with FAPE, including services comparable to those described in the child's IEP from the previous public agency, until the new public agency:
6. (1) Conducts an evaluation pursuant to 34 C.F.R. §§ 300.304 – 300.306 (if determined to be necessary by the new public agency); and
7. (2) Develops, adopts, and implements a new IEP, if appropriate, that meets the applicable requirements in 34 C.F.R. §§ 300.320 – 300.324.

(e) Transmittal of records. To facilitate the transition for a child described in subsections (c) and (d) of this section:

1. (1) The new public agency in which the child enrolls must take reasonable steps to promptly obtain the child's records, including the IEP and supporting documents and any other records relating to the provision of special education or related services to the child, from the previous public agency in which the child was enrolled, pursuant to 34 C.F.R. § 99.31(a)(2); and
2. (2) The previous public agency in which the child was enrolled must take reasonable steps to promptly respond to the request from the new public agency.