If you’ve ever found yourself in a disagreement with your child’s school over their IEP—or if you’re navigating changes that don’t feel quite right—you may have heard the term “Stay Put.” And if you haven’t? It’s one you’ll definitely want to keep in your special education toolkit.
The “Stay Put” provision is a powerful legal protection under the Individuals with Disabilities Education Act (IDEA). It’s one of the few safeguards that puts the brakes on sudden changes and gives families a moment to catch their breath, gather their thoughts, and advocate effectively. But what does it really mean—and when does it apply?
Let’s break it down in plain language so you feel confident and empowered if you ever need to invoke “Stay Put” for your child.
The Basic Definition
“Stay Put” refers to a child’s right to remain in their current educational placement while a dispute about their Individualized Education Program (IEP) is being resolved. In short: the school can’t make changes to your child’s placement or services without your agreement once you’ve said no—and due process is underway.
The goal of this provision is to provide stability. It ensures that a child continues receiving the services and supports outlined in their last agreed-upon IEP while parents and schools work through disagreements, whether informally or through mediation, complaints, or due process hearings.
Where It Comes From
The Stay Put provision is rooted in IDEA, the federal law that governs special education services. Specifically, it’s found under § 1415(j), which states that “during the pendency of any administrative or judicial proceeding regarding a due process complaint, the child shall remain in the then-current educational placement.”
Translation? The school can’t change the child’s program, services, or placement while a formal dispute is being addressed—unless the parent agrees to the change or a hearing officer orders otherwise.
What “Then-Current Placement” Actually Means
One of the most common questions parents ask is, “What exactly counts as the current placement?”
Typically, the “then-current placement” refers to the last IEP that both the school and the parents agreed upon. That could include:
- The location (school or classroom setting)
- The level of services (e.g., amount of speech therapy, type of reading support)
- Accommodations and modifications
- Inclusion or pull-out services
- Specialized programs or supports
It doesn’t mean the child has to be frozen in time forever, but it does mean they’re entitled to continue receiving what was last formally agreed to while everyone works through the disagreement.
When Stay Put Applies
Stay Put protections come into play only when a formal dispute has been initiated. That means one of the following must be happening:
- A due process complaint has been filed
- A state complaint is under investigation
- Mediation is taking place
- The family is actively challenging a proposed change in the IEP
It’s important to understand that simply disagreeing with the IEP during a meeting isn’t enough to activate Stay Put. The protection kicks in once a formal process has been started—most often by filing a written due process complaint.
Why It Matters So Much
Stay Put can be a critical lifeline for families during difficult moments. Here’s why it’s so important:
- Prevents sudden disruptions in services that could negatively affect the student
- Gives families time to make informed decisions, gather documentation, and get advocacy support
- Ensures consistency for students who may already struggle with change
- Levels the playing field when there’s a power imbalance between families and districts
For example, let’s say your school proposes removing your child’s occupational therapy because they believe your child no longer qualifies. You disagree. If you file for due process, the school cannot stop OT while the issue is being resolved. That’s Stay Put in action.
Limitations and Exceptions
While Stay Put is a strong protection, it’s not absolute. Here are a few important limitations to know:
- It applies only to disputes involving changes to placement or services—not to general school policies or discipline issues.
- It doesn’t apply if the child is dangerous to themselves or others. In those cases, the school may seek an expedited hearing to change placement.
- If a hearing officer rules in favor of the school, Stay Put ends, and the school can proceed with the changes.
- If parents and the school agree in writing to a temporary placement during the dispute, that becomes the new Stay Put placement.
Also, if you delay too long in filing a formal complaint after disagreeing with a proposed change, you may lose the opportunity to invoke Stay Put. Timeliness is key.
How to Use Stay Put
If you find yourself in a situation where you disagree with a proposed IEP change, here’s what to do:
- Put it in writing. Tell the school in writing that you disagree with the proposed changes and that you do not consent.
- File a formal complaint. If needed, file a due process complaint to trigger Stay Put protections.
- Document everything. Keep copies of all emails, letters, meeting notes, and proposed IEPs.
- Seek support. Reach out to a special education advocate or attorney if you’re unsure about your next steps.
You don’t have to navigate this alone—and invoking Stay Put gives you the breathing room to make the best decision for your child.
The Bottom Line
The Stay Put provision is there to protect students and give families a fair chance to resolve disagreements without fear of losing important services in the meantime. It’s one of the most important legal rights available under IDEA—and yet, so many parents don’t know it exists until they’re in the thick of a conflict.
By understanding Stay Put before you need it, you’ll be better equipped to advocate with confidence, protect your child’s educational stability, and make empowered choices—even in challenging moments.
Stay informed. Stay supported. And when necessary—Stay Put.
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