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Put
simply, "stay put" is one of the most
powerful tools a parent has to control
proposed changes to the placement and
services offered by a school district at
an IEP meeting. It is the power of a
parent to say NO!
First, context. An IEP meeting is
supposed to be a team meeting. The
reality is that anything offered in
writing at an IEP meeting is ultimately
controlled by the school district.
Parents DO HAVE significant influence by
addressing what is in the best interests
of their child; however, an IEP meeting
is not a democratic event. However,
parents have two critical tools at their
disposal when the school district offers
an inappropriate placement or scope of
services; that is, stay put and due
process. Due process often requires the
services of an advocate or an attorney;
it is where the parent litigates against
the school district. In contrast, stay
put is simply the power of expressing NO
to either an entire IEP or specific
components of an IEP; thereby taking
away the power of the school district to
implement its proposed changes to the
child's placement or scope of services;
except by court order. That is, the
unilateral power of a parent to stop
inappropriate changes to an IEP.
When a parent takes the steps of
imposing stay put the parent leverages
that power to negotiate a better offer
on behalf of their son or daughter. Stay
put stops the school district from
implementing specific changes. Thus,
from a school district's perspective the
IEP is unresolved. School district
administrators prefer certainty to
uncertainty; thus, if the school
district wants resolution it must either
negotiate with the parent or litigate
the matter.
From a legal perspective, under federal
and state law, a special education
student is entitled to remain in his
current educational program pending the
completion of a due process hearing;
this entitlement is referred to as "stay
put." [20 U.S.C. § 1415(j); 34 C.F.R. §
300.51; Ed. Code §§ 48915.5, 56505]. For
purposes of stay put, the current
educational program is defined as the
last agreed upon IEP implemented prior
to the dispute arising [Thomas v.
Cincinnati Bd. Of Educ. (6th Cir. 1999)
918 F.2d. 618, 625].
Stay put is not discretionary for a
school district; it is a requirement.
Most importantly, the purpose of stay
put is to prevent a school district from
unilaterally changing a student's
educational program without the parent's
consent [Honig v. Doe (1988) 484 U.S.
305,323]. Thus, even if a parent has not
filed for a due process hearing, a
school district generally cannot
unilaterally change a special education
child's placement or scope of services
except by the parent's consent or a
court order. There are always some legal
exceptions to every general rule of law;
for example, if a parent explicitly
consented in a previous IEP that a
specific service was to be terminated on
a specific date and no longer to be
provided, that situation under some
circumstances can be an exception to
"stay put." However, more likely than
not in most circumstances, stay put is
operative when a parent simply expresses
NO to an adverse offer by a school
district.
Please note, that stay put should be
expressly stated in writing by a parent,
ideally within the IEP document;
professional legal assistance is
recommended when implementing stay put.
As former first lady Nancy Reagan often
expressed, simply say NO!
For more information regarding special
education legal matters go to:
www.specialeducationattorneyatlaw.com |
