| Are you the parent of a child receiving special | | | | friend of mine, and the decision was that stay put is |
| education services that is considering filing for a due | | | | the child's private school placement at public expense. |
| process hearing? Have you already filed for a due | | | | The high school was angered that they had to pay for |
| process hearing due to a dispute with special | | | | a private school placement that they disagreed with, |
| education staff? Would you like to know what issues | | | | until the due process was finished. |
| can arise with a stay put placement? This article will | | | | Difficulty 3: A difficulty would arise if a parent had a |
| give you information on what difficulties may arise | | | | settlement agreement with their school district waiving |
| when you ask for a stay put placement. | | | | stay put as the private school at public expense. Be |
| Stay put is the last agreed upon placement between | | | | extremely careful when signing settlement agreements |
| parents and school districts; the placement that the | | | | to ensure that you are not giving up IDEA rights in the |
| child is in when the parent files for a due process | | | | future! |
| hearing. | | | | Difficulty 4: A difficulty would arise if a school district |
| Below are some difficulties that may arise when | | | | wanted to change a child's placement because they |
| determining stay put! | | | | thought the child was dangerous. Case law has held |
| Difficulty 1: If a child is transitioning from preschool to | | | | that the school district cannot unilaterally change the |
| Kindergarten or from middle school to high school stay | | | | placement of a child for behavior that is caused by |
| put can be difficult to determine. If a child is transitioning | | | | their disability. The exception is if the child had drugs at |
| from preschool what is stay put-preschool or | | | | school, a dangerous weapon at school, or caused |
| kindergarten. Some hearing officers have ruled that in | | | | serious bodily injury to another child or school district |
| this situation the child would stay in preschool until the | | | | employee. The school district could then remove the |
| due process was finished. | | | | child for 45 days to a Interim Alternative Educational |
| Difficulty 2: If your child is currently in a private | | | | Setting. |
| placement at public expense and will be changing | | | | By understanding what the difficulties could be in a |
| districts from elementary and high school, a dispute on | | | | stay put placement will allow you to advocate for your |
| stay put may develop. This actually happened to a | | | | child. |