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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Meagan
06/16/2021 8:18 pm

If an IEP remains unsigned, parent does not identify specific areas of conflict but does not sign nor attend meetings for a span of years, is the most recent signed IEP in stay-put until a mediation/newly signed IEP? Does anything trigger automatic mediation following an unsigned iep? Is district responsible for requesting medication or can an iep remain unsigned for years.

Meagan
06/16/2021 3:23 pm

Hi! Does stay-put apply when a parent does not want the student to move to a different classroom within the same program? For example, if placement in IEP is listed as The LMNOP program, and that program has several classrooms, but no specific classroom is listed in the iep, would stay-put apply to keep student in classroom? Or could student be moved within program named on IEP?

kasi
06/17/2021 1:57 pm
Reply to  Meagan

The IEP is written for the program not the specific teacher or classroom.

Jessica
05/01/2020 4:08 pm

Hi, I field a DP Hearing request in Missouri on 4/20 and it was received on 4/22. I also filed a motion to stay. After the request was received, and the motion to stay was granted, the district sent me the eligibility determination and testing results. Both of which I refused to sign at last meeting because I disagreed with the adequacy of testing and the LEA said they would move forward with or without me. How can I enforce the stay put?
Thank You!

Admin
05/03/2020 10:12 pm
Reply to  Jessica

Jessica, we can’t provide legal advice. If you don’t have a lawyer, suggest you look for an attorney who specializes / practices special ed law to request a consult.

Debra
01/15/2020 8:56 pm

I’m homeschooling my child for the rest of the year and want the IEP to stay put as I don’t want to change it. the setting is different in homeschooling and they want to take minutes away. for homeschooling it’s fine but not to change the IEP. Any insight as to stay put for a temporary situation. thanks

RachaelS
02/12/2019 9:17 am

Does NJ allow stay put when the child is out of district?

Tara
05/26/2020 1:00 am
Reply to  RachaelS

Yes

Mom Advocate
08/10/2017 8:24 pm

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.

Chuck
08/11/2017 1:04 pm
Reply to  Mom Advocate

Unfortunately, every state does not allow partial consent.

Chuck
05/26/2020 1:42 pm
Reply to  Mom Advocate

The TX education agency says that the parent does not have this right. But the parent can use the dispute resolution processes to try to get changes. I cannot understand why the federal Dept. Of Education allows this. https://tea.texas.gov/academics/special-student-populations/special-education/parent-and-family-resources/guidance-on-revocation-of-parental-consent-for-special-education-services

Maureen
05/09/2016 12:20 pm

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.

Jill G
04/11/2016 7:08 pm

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.

Jordan
03/08/2021 9:02 pm
Reply to  Jill G

My daughter father and I share 5050 legal and physical custody. He enrolled her in a preschool at a charter school without my consent. And with false and incomplete information on her enrollment forms.
The school has seen all court documents from me and that I share legal and physical custody. I even showed them on the enrollment forms where the info was false and incomplete. The school now however is telling me its a custodynissue and that my daughter is in a stay out catargory. Is this true?

Jordan
03/08/2021 10:00 pm
Reply to  Jill G

I’d like to add that my daughter is not special needs or disabled.