Updated: Jun 28, 2022
So, how does enacting “stay put” work in practice?
If a parent or guardian disagrees with the proposed changes to their child’s program, goals and/or services, and want to preserve the current IEP until an Independent Hearing Officer (IHO) determines what is appropriate for the child’s success they should:
Make sure that the ARD/IEP committee clearly documents the areas of disagreement/concern in the deliberations (or minutes) portion of the meeting documents.
Do NOT agree to waive the 5 days to begin/implement the proposed IEP.
Check the “disagree” box when signing at the conclusion of the meeting.
During those 5 days after the meeting
Draft a request for a “Due Process Hearing” detailing the disagreement and requesting “stay put” and that your child’s last IEP remain in effect while the case is under review.
File the request for a Due Process Hearing with State Education Agency and send a copy to the School District Superintendent within that 5 day period.