What exactly is the stay-put placement?

Published: June 24th, 2016

Although the IDEA does not specifically define “stay put,” the regulations are clear that during the pendency of a due process hearing and any subsequent appeals, the child must remain in his or her current educational placement, unless the parent and the school agree otherwise. [34 C.F.R. § 300.518(a)] “Current educational placement” is generally understood to mean the last agreed upon placement (and not the placement that is being challenged in due process). The regulations further clarify that if a hearing officer in a due process hearing agrees with the child’s parents that a change of placement is appropriate, that placement must be treated as an agreement between the school and the parents during any subsequent appeals. [Id. at subsection (d)]

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