Pursuant to IDEA 20 U.S.C. § 1415(j), the “Stay Put” provision states that unless parents and the school district agree otherwise, placement in the final agreed upon IEP will remain the same during all disputes and until such disputes are resolved. Essentially, in the event of a dispute between parents and the school district, the “Stay Put” provision protects a child from moving from one educational program to another or from one placement to another. The child remains in the current placement he or she was in until the dispute is resolved or resolved. If you request a due process hearing, it may take months for a hearing officer to rule on your case and for an appeal process to be completed. During this time, the school cannot change your child`s IEP. It must remain in place until the case is resolved. Under federal regulations, the “stay of employment” provision does not come into force until a due process complaint is filed. In this case, parents do not need to “ask” for reprieve protection, as this happens automatically. The student`s existing IEP then controls and there can be no change in placement or change in the IEP unless both parties agree (or in very few exceptional cases). IDEA requires school teams to send written notice to parents before making or rejecting a change to a student`s IEP. Upon receipt of the nematode nematode of the baby`s nematode, a parent must take steps to demonstrate disagreement and challenge the proposed change. To claim a “stay,” a parent MUST file a request for state mediation or a hearing before the implementation date specified in the advance written notice (PWN).
Sometimes the exact terms of the previously accepted IEP cannot be implemented for some reason, such as when a student changes schools. In these cases, the district must identify and deploy a “comparable” program. A “comparable” special education program is one that corresponds as closely as possible to the environment, the nature and level of service delivery, the degree of general contact, the methodology and pedagogical approach, the staff-to-student ratio, the pedagogical and therapeutic expertise, and the duration of instruction received by the student in the last accepted practicum. It can be difficult to determine what constitutes a “comparable” placement and often depends on whether the proposed change would deviate significantly from the parameters of previously accepted services, whether it would have a significant and detrimental effect on student learning, or whether it would lead to a more restrictive educational program. California law requires that if a parent disagrees with their child`s district about special school placement or proposed placement changes, that student will “remain” in their current placement until the dispute is resolved. Parents should not sign the IEP if they do not agree with the placement. They must sign the IAP and indicate that they were present, but do not agree with the change of investment. 1. A parent challenges (objects in writing) to a proposed action, which is explained in a prior written notice (PWN), and 2. A parent submits a request for a mediation or due process hearing BEFORE the proposed start date specified in the written notice. The Iowa Department of Education also offers a state complaint and AEA mediation as dispute resolution options. These two actions do NOT call for staying in place.
For more information on all dispute resolution options, see the Procedural Safeguards Handbook or Dispute Resolution Options in the ASK Resource Centre. The Administrative Judge (ALJ) issued a judgment in September 2020, ruling in favor of E.E.`s parents in part and the district in part. Specifically, the ALJ noted that the E.E. district has Free Appropriate Public Education (FAPE) because it has not implemented IEP 2018. The ALJ ordered that IEP 2020 represent E.E.`s “Stay Put” placement. under the Education of Persons with Disabilities Act (IDEA), meaning the district was required to implement MYP 2020 until E.E.`s parents agreed to a new amendment or annual IEP, or as ordered by OAH or another court. If you are thinking about exercising your child`s rights, it is a good idea to learn more about hearings and other dispute resolution methods. Understanding your child`s rights can help you prepare for the way forward. IDEA presents three options for dispute resolution in the special education sector: state mediation, due process, and state complaint. Each of these measures is described in the Handbook of Procedural Safeguards entitled “Parental Rights in Special Education”.
One difference between the options is that the suspension clause does not apply to a government complaint. Again, state law states that you must exercise your right of residency during litigation, while federal law states that suspension is automatic when filing a due process complaint. The “stay put” rule is one of the most important legal rights in special education law. Stay Put Rights is a special educational term that describes one of the basic procedural protections available to students with disabilities under IDEA and Massachusetts law. If a student`s parents and the school district do not agree on a student`s services or placement, the student essentially has the right to remain in the last educational program accepted by the parents while a dispute resolution process is taking place or until another program is accepted by the parents. Under Massachusetts law, “Stay Put” coverage is extended to eligible students if parents disagree with the district`s proposal, even if no formal process is undertaken.
