Stay Put: WHEN DOES STAY PUT APPLY?

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Andy:  When parents and the school team disagree on a specific component of the IEP, in our case service minutes, does ‘stay put’ apply to the specific area of dispute (minutes) or the entire IEP? Our IEP team will not implement a new reading goal that we reached full agreement on until we (parents) agree to reduce service minutes in an unrelated service area. The team is saying the IEP is in ‘stay put’ til we agree to reduced minutes. Feels like they are holding our new goal hostage – like IEP blackmail.

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5 Comments on "Stay Put: WHEN DOES STAY PUT APPLY?"

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You can utilize partial consent and consent to (be very specific) the items you are in agreement with. The IEP will update accordingly. Partial consent is a gift. Use it to prevent this type of situation. Once you consent the district must implement.

I would urge this Parent to review ANCHORAGE SCHOOL DISTRICT v. M.P.
U.S. Court of Appeals, Ninth Circuit
10-36065
July 19, 2012

ASD v. MP, specifically addresses the issue of the agency holding the Parent “hostage” and not moving the IEP process along where agreement exists or the student’s current needs are being ignored. My interpretation of ASD v. MP is that the present level of performance and goals and objectives in an IEP are never in “stay put” and the agency has a statutory obligation to update these areas despite a stay put dispute that involves the current educational placement.

Andy –

From this and your other post, it sounds like you are in a tough situation with the school. Like parent consent, the way that individual states interpret “stay put” varies greatly.

Your local parent center can help you understand the intricacies of how the process works in your state (http://www.parentcenterhub.org/find-your-center/).

Sorry that I cannot offer a concrete answer. These are two areas in particular that have wide variation, due to state law and hearing office interpretation.

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