Stay-put is the right to keep your child in his or her current special education placement and/or receive your child's current special education services, even if the school proposes to change the placement or remove the services.
When Does "Stay-Put" Apply?
Stay-put only applies when the school has offered and the parent has accepted the previous placement and services. Therefore, there is no right to "stay-put" if the child has not been found eligible for special education, if the school is proposing an initial IEP, or if parents have always rejected the IEP proposal outright. In these situations, there is no "previously agreed-to" placement or services, so there are no stay-put rights.
Massachusetts vs. Federal Law
Under Federal law, stay-put rights apply only when parents have filed a due process hearing request. Massachusetts law provides more rights for parents and students. In Massachusetts, once the parents reject the IEP, they can invoke stay-put.
If you have questions about stay-put rights or need help navigating the special education process, contact the Boston area Law Office of Lillian E. Wong today.