Stay Put For Placement For Special Education Due Process Hearings

Are you the parent of a child with autism or a learningSeveral issues on stay put:
disability that has filed for a special education due1. The child's stay put placement and the child's IEP
process hearing? Are you disagreeing with specialmust be completely implemented (this means special
education personnel about the placement of your child,education and related services also).
during the due process hearing? Did you know that2. Stay put applies from the time the parent files for a
IDEA 2004 states that a child has the right to a staydue process hearing.
put placement, until due process hearings are finished3. The school district is basically maintaining the status
or resolved? This article will discuss what stay putquo.
placements are during due process hearings.4. The school district is prevented from unilaterally
The Individuals with Disabilities Education Act (IDEA)changing your child's placement. Parents must be a
states under 300.518 that: during the pendency of anypart of any decision to change placement.
administrative or judicial proceeding regarding a due5. School districts can change personnel but the
process complaint notice. . . the child involved in theservices must be comparable.
complaint must remain in his or her current educational6. Parents may agree to change the child's placement
placement. What this means is that if your child is in aduring the due process if they feel that the current
placement, and you file for a due process hearing, theplacement is inappropriate.
child stays in that placement until the due process isBy understanding stay put for special education due
settled or resolved.process hearings, you will be able to determine what
For Example: Your child with autism is attending aadvocacy route that you would like to take, for your
private school at public expense. The school districtchild. Filing for a due process hearing and revoking stay
recommends changing your child's placement to aput can keep your child in an appropriate placement
school district program, which you think is inappropriatefor a certain period of time. You would then have to
to meet your child's needs. If you file for a due processprove to a hearing officer that the current placement
hearing, your child would stay in the private school untilmeets your child's educational needs, and that the
your due process was resolved or finished. The lastplacement needs to be continued.
agreed upon placement is considered stay put!