How does enacting “stay put” work

Updated: Jun 28


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:


  1. Make sure that the ARD/IEP committee clearly documents the areas of disagreement/concern in the deliberations (or minutes) portion of the meeting documents.

  2. Do NOT agree to waive the 5 days to begin/implement the proposed IEP.

  3. Check the “disagree” box when signing at the conclusion of the meeting.

  4. During those 5 days after the meeting

  5. 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.

  6. 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.

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