Legal Definitions - stay-put rule

The stay-put rule is a fundamental legal principle under the Individuals with Disabilities Education Act (IDEA). It ensures that a student with a disability remains in their current educational placement and continues to receive their existing special education and related services while parents and the school district are in the process of resolving a dispute about the child's educational program or placement. This rule prevents any disruption to a student's education during a disagreement, ensuring stability until a resolution is reached through administrative hearings, mediation, or other legal processes.

Here are some examples illustrating how the stay-put rule applies:

• Example 1: Parents Requesting a More Restrictive Placement

  A student named Alex, who has a severe learning disability, is currently attending a general education classroom with significant pull-out support for specialized instruction. His parents believe he is not making adequate progress and needs a more intensive, specialized environment, such as a private school specifically designed for students with similar disabilities. They initiate an administrative claim with the school district to request funding for this alternative placement.

  How the stay-put rule applies: While Alex's parents and the school district engage in hearings and negotiations to determine if the private school placement is appropriate and necessary, Alex must continue to attend his current general education classroom with pull-out support. The school cannot unilaterally change his placement, nor can the parents force the school to place him in the private school until the dispute is officially resolved.

• Example 2: School Proposing a Change, Parents Disagreeing

  The school district proposes moving Emily, a student with behavioral challenges who currently receives services in a specialized classroom within her neighborhood public school, to a different, more restrictive program located in a separate facility for students with significant emotional disturbances. Emily's parents strongly disagree with this proposed change, believing it is not appropriate for her needs and would be too disruptive. They file a due process complaint to challenge the school's decision.

  How the stay-put rule applies: Because Emily's parents have challenged the school's proposed change, the stay-put rule mandates that Emily remain in her current specialized classroom within her neighborhood public school, receiving her existing services, until the dispute is resolved through mediation or a hearing. The school cannot move her to the new facility against her parents' wishes while the complaint is pending.

• Example 3: Parents Seeking Increased Mainstreaming

  Michael, a middle school student with an intellectual disability, has been placed in a self-contained special education classroom for all core academic subjects. His parents believe he has developed sufficient social and academic skills to benefit from increased inclusion and request that he be "mainstreamed" into general education classes for subjects like science and social studies. The school district initially denies this request, citing concerns about his ability to keep up, leading the parents to file an administrative appeal.

  How the stay-put rule applies: During the period that Michael's parents and the school district are working to resolve the disagreement about increasing his time in general education classes, Michael must continue in his current placement within the self-contained special education classroom. The school is obligated to maintain his existing educational program and services until a new agreement or decision is reached regarding his mainstreaming.