Stay-Put
Once you have requested any of the three dispute resolution options
of mediation, complaint, or hearing, your child must remain in
the current educational placement for the duration of the proceedings
unless you and the school agree otherwise. This is referred to
as the "Stay-Put" rule.
"Student’s
Status during Pendency of Appeals
A. Present placement requirement - During the pendency
of any due process proceeding including mediations,
complaints, hearings or any judicial proceeding regarding
the identification, evaluation, programming or placement
of a student with a disability, unless the public
agency and the parents agree otherwise or the student
has been placed in an interim alternative educational
setting consistent with Part 14, Discipline of Students
with Disabilities, the student involved in the proceeding
shall remain in his or her current educational placement,
unless a court of competent jurisdiction has granted
an injunction to remove the student from such a placement.
B. Initial admission - If the proceeding involves
an application for initial admission to public school,
the student, with the consent of the parents, shall
be placed in the regular public school program until
the completion of all the proceedings.
C. Stay Put Pending Appeal of Hearing Decision -
A decision by a due process hearing officer which
is favorable to the parents shall constitute an agreement
between the parents and the public agency. Pending
any judicival proceeding appealing that decision,
the student’s educational placement shall be
changed to conform to that decision." (MSER,
Chapter 101, Section 12.12, p. 79 |
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