When parents disagree with changes proposed to their child’s IEP, what happens next? That’s where the Stay Put provision in special education comes in. Under the Individuals with Disabilities Education Act (IDEA), Stay Put IEP rights protect students by allowing them to remain in their current IEP placement and services while disputes are being resolved.
Whether you’re a new or veteran special education teacher, it’s essential to understand what a Stay Put IEP is, how it’s invoked, and what it means for FAPE (Free Appropriate Public Education) and student services. Together, we’ll explore how the Stay Put rule works, real-life examples of when parents might request it, and what school districts and educators need to do when Stay Put is triggered.
What happens when a parent disagrees with changes to their child’s IEP? Enter: the “Stay Put” provision. Under the IDEA, the Stay Put rule ensures that a child with a disability remains in their current educational placement while disputes about their IEP are being resolved.
What is a “Stay Put” IEP?
A “Stay Put” IEP refers to the legal right of a student with a disability to remain in their current placement—including all services and supports outlined in their most recently agreed-upon IEP—while a dispute is being resolved. This provision applies if a parent formally disagrees with proposed changes made by the school district to their child’s IEP or placement.
“Stay Put” is like hitting a pause button… legally. Everything stays as-is until the dispute is resolved, either through:
- Mediation
- A due process hearing
- Mutual agreement between the parent and school district
The Stay Put provision is outlined in IDEA Section 1415(j).
When “Stay Put” is in effect, it means that the student continues to receive the same services and supports outlined in their most recently agreed-upon IEP. The school cannot unilaterally change the student’s placement, remove related services, or reduce the level of support the student is receiving. All members of the IEP team must operate as though the current IEP is still valid and legally binding while the dispute is being resolved.
This protection applies to every part of the IEP, including the student’s academic placement, paraprofessional or aide support, related services, behavior intervention plans (BIPs), and even transportation arrangements. “Stay Put” ensures that no educational decisions are rushed or changed without proper resolution and agreement.
How Can Parents Request a “Stay Put” IEP?
Parents can trigger Stay Put in writing. Here’s how:
- Disagree with a proposed IEP – either during a meeting or after receiving a Prior Written Notice (PWN).
- Put their disagreement in writing, indicating they do not consent to the proposed changes and are invoking Stay Put.
- Reference the current IEP, stating that they wish their child to remain in the current placement and services until the disagreement is resolved.
PRO TIP: Stay Put is automatically in effect once a due process complaint is filed, but districts may also honor a written Stay Put request if there’s a clear dispute – yes, even before formal legal steps.
What Happens After “Stay Put” is Invoked?
- There are no immediate changes to the IEP, and the student’s IEP remains untouched.
- Dispute resolution begins, and the parents and the school may engage in mediation to resolve the disagreement, move forward with a due process hearing, and/or seek informal resolution through further team discussions.
- The “Current Placement” is defined, as it is typically the last agreed-upon and implemented IEP. If services changed mid-year (like during ESY or after an amendment), what counts as “current” can sometimes be disputed. This is where documentation matters!
Remember – even under Stay Put, the IEP team can, and should, continue working together to find a solution that supports the student’s needs.
Scenarios Where “Stay Put” Might Be Used
- A district proposes moving a student from a self-contained classroom to general education with minimal support, and the parent disagrees.
- The school suggests removing a 1:1 aide, and the parent feels it will jeopardize the student’s safety and/or learning.
- An IEP meeting ends without consensus on service changes, and the school attempts to implement the new IEP anyway.
- A student receives specialized transportation with a bus aide due to behavior and medical needs and the school proposes moving the student to a general education bus without an aide, but the parent disagrees.
- The IEP team suggests a more restrictive environment (re: separate school placement) due to escalating behaviors, but he parent believes with better support in the current school, the student can be successful in the current school setting.
Parents request Stay Put when they believe a proposed change could negatively impact their child’s learning or access to FAPE – and they want time to resolve the issue without rushing into changes.
Understanding the Stay Put provision in IDEA is key to supporting students with disabilities and maintaining trust with families during IEP disagreements. When a parent requests a Stay Put IEP, it ensures their child’s special education services and placement remain consistent until the conflict is resolved.
As educators and IEP team members, it’s our responsibility to stay informed, respect parental rights, and collaborate with transparency. Whether you’re navigating a disputed IEP, preparing for mediation, or ensuring compliance with federal special education law, knowing how Stay Put works helps protect both the student’s progress and the integrity of the IEP process.
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