Your Child's Right to " Stay Put" - Do not lose IEP services because you don't know your rights

STAY PUT – KNOW YOUR CHILD’S RIGHTS

Do you disagree with your child’s most current Individualized Educational Program (IEP)? Is the School District trying to change or remove services that are essential to your child’s educational program? You have the right to keep the IEP in place, which was last agreed to by you and implemented by the School District. That is your child’s right to STAY PUT. It is also the reason that School Districts are reluctant to agree to write non-public agency services and in IEP documents. They do not want to get stuck paying for the services for years.

The Individuals with Disabilities Education Act provides a number of protections for children with disabilities. It is the requirement that a school district provide each child with a disability a Free Appropriate Public Education (“FAPE”). When there is a disagreement about whether the offered program constitutes a FAPE, the IDEA allows either party to file for an administrative “due process” hearing. Any party aggrieved by that decision then has the right to appeal it to federal court.

Prior to the Due Process Hearing taking place, the “Stay Put” provision of the IDEA entitles the child to remain in his “current educational placement.”

The IDEA does not expressly define “current educational placement.” However, courts have generally construed the phrase to mean “the placement described in the child’s most recently implemented IEP.”

The state and parents may “otherwise agree” to an alternative placement, which then becomes subject to the stay put provision. Such an agreement will be implied where the parents receive a state administrative agency decision in favor of their choice of placement.

So if you are afraid that services will be removed for your child’s IEP, invoke your right to Stay Put. Some Districts will actually require you to file a Due Process Complaint to invoke Stay Put, but others will not.

Do not think you have no choice or options, you are a member of your child’s IEP Team, and you have every right to stand up and have your opinions and desires counted.

Should you have any problems with your School District or have further questions on this or other topics, do not hesitate to contact me, Kathy Greco, Esq. at http://www.facebook.com/SpecialEdForumKGEsq or SpecialEdForumKGesq@gmail.com and follow me on Twitter@SpecialEdForum