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What is Stay Put Provision?

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Summary

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Stay put provision protect students with disabilities by allowing them to remain in their current school program during disputes, ensuring uninterrupted education and ongoing necessary services.

Table of Contents

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Frequently Asked Question

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What types of education plans are covered by stay-put rights?

Stay-put rights apply to students with disabilities who have an individualized education plan (IEP) or a Section 504 plan.

Can stay-put rights be used for any type of educational dispute?

Stay-put rights only apply to disputes related to a student’s identification, evaluation, educational placement, or the provision of free appropriate public education (FAPE).

How can stay-put rights be asserted?

A student’s stay-put rights can be asserted by their parent or legal guardian in writing to the school district, typically within 15 days of receiving notice of proposed changes to the student’s educational placement or services.

How can parents or guardians initiate the stay-put provision for their child?

Parents or guardians can initiate the stay-put provision by notifying the school district in writing of their disagreement with a proposed change in their child’s placement or services, invoking the protection and ensuring their child’s educational stability throughout the dispute resolution process.

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Scientific Definition

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Stay put provision also known as the stay put rights, refer to legal protection that allows a student with a disability to remain in their current educational placement while disputes about their education are being resolved under the Individuals with Disabilities Education Act (IDEA). This provision prevents disruptions in a student’s education, ensuring they receive necessary services until disagreements are resolved, offering vital protections for students with disabilities and their families during the dispute-resolution process.

Video Explanation

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Real World Example of Stay-Put Provision

Meet Charlie, a bright and enthusiastic young student with autism who benefits from the stay-put provision. Here’s a real-life scenario that demonstrates how this legal safeguard works:

Charlie’s Current Placement: Charlie attends a mainstream elementary school and receives special education services as part of his Individualized Education Plan (IEP). He’s thriving in this inclusive environment.
Proposed Change: The school district proposes moving Charlie to a specialized school for students with disabilities, claiming it would better meet his needs. Charlie’s parents, however, strongly disagree and believe that he should remain in his current inclusive placement.
Invoking Stay-Put Rights: Charlie’s parents, aware of the stay-put provision, promptly notify the school district in writing of their disagreement. This action invokes Charlie’s stay-put rights, ensuring he continues attending his current school during the dispute resolution process.
Resolution Process: Over the next few weeks, both parties engage in discussions, meetings, and negotiations to resolve the dispute. They work with school officials, special education experts, and mediators to find a suitable solution.
Continued Progress: While the dispute is ongoing, Charlie remains at his mainstream school, receiving the support and services outlined in his existing IEP. His education remains uninterrupted, and he continues to make progress academically and socially.
Agreement Reached: Eventually, an agreement is reached. Charlie’s parents, school district representatives, and special education experts collaborate to modify Charlie’s IEP to better meet his needs within the inclusive environment.
Positive Outcome: Charlie’s stay-put rights ensured that he received the education and support he needed throughout the dispute, resulting in a positive outcome where he remains in his inclusive school setting, benefiting from a stable and supportive learning environment.

This real-life example showcases how the stay-put provision can protect students like Charlie, ensuring they receive uninterrupted educational services while disputes are resolved, ultimately benefiting their academic and personal growth.

How Do Stay-Put Provision Work?

Understanding how the stay-put provision works is crucial for parents and students with disabilities. This legal safeguard, under the Individuals with Disabilities Education Act (IDEA), ensures educational stability during disputes. Here’s a concise explanation:

  • Legal Safeguard: Stay-put provision is a legal safeguard under the Individuals with Disabilities Education Act (IDEA).
  • Educational Stability: It allows students with disabilities to remain in their current educational placement during disputes.
  • Dispute Resolution: Parents can invoke stay-put rights by notifying the school district in writing of their disagreement.
  • Uninterrupted Education: The student continues to receive services outlined in their existing Individualized Education Plan (IEP).
  • Negotiation: Both parties engage in discussions, meetings, and negotiations to resolve the dispute.
  • Positive Outcome: Often, an agreement is reached, ensuring the student’s education remains stable and supportive.
  • Continued Progress: Throughout the process, the student’s education remains uninterrupted, fostering academic and personal growth.

Stay-put provision safeguards students with disabilities, ensuring their educational stability during disputes, ultimately leading to positive outcomes and uninterrupted progress.

 

This post was originally published on Feb. 17, 2023. It was updated on Jan. 4, 2024.

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