What is Stay Put?
A Few Things to Note
- If your therapist or service provider changes (or any personnel changes), that doesn't necessarily constitute a violation of Stay Put as long as your child is receiving comparable services.
- Stay Put is not specific to location. For example, if your child is fully included in her elementary school's 3rd grade classroom, switching her to a new school (while still maintaining her full inclusion status) isn't necessarily a violation of Stay Put.
- If the dispute is over the initial IEP (e.g., services, placement) then there is no Stay Put provision (because your child has no existing, current IEP with placement, services, etc.).
- Things can get a little tricky if your child is transitioning (say from preschool to kindergarten, or from junior high to high school) - that makes it hard to define "current educational placement" because keeping the child in preschool or middle school is not a viable option, yet the IEP does not have an existing placement for kinder or high school.
- In some cases districts will request parents to waive their right to Stay Put if they are negotiating private school placement (just one example) - I'm not a lawyer and would never even pretend to give you legal advice, but I would strongly recommend you not sign any agreement that waives Stay Put. Just sayin' :)