Special Education Law 101 - Part XII #stay put
This is another post in our ongoing series on the basics of special education law. Please let us know how you are enjoying this series. We feel that this is a good introduction for newbies and a good refresher for seasoned pros. Today we talk about the stay put provision- one of the basic concepts in this area of the law, yet also one of the most misunderstood. It only applies when a due process hearing is pending. Stay Put IDEA § 615 (j) provides that (except in certain discipline cases), during the pendency of any due process or court proceedings pursuant to this section, unless the parties agree otherwise, the student ‘…shall remain in the then-current educational placement of the child…” This is commonly referred to as the stay put provision. The stay put placement is the last agreed upon IEP, unless the parties agree otherwise. See 34 C.F.R. § 300.518. ...