The Stay-Put Rule states that when a child with a disability is receiving special education services, they are required to remain in their current school placement until any requests for changes are reviewed. This means that they cannot be transferred to a different school or program until the review process is finished.
The stay-put rule in school law mandates that a child must stay in their current educational placement while an administrative claim under the Individuals with Disabilities Education Act (IDEA) is being processed. This means that the child cannot be transferred to a different school or program until the claim is resolved. For instance, if a child with a disability is currently attending a special education program and their parents file a claim to have them moved to a mainstream classroom, the stay-put rule would require the child to remain in the special education program until the claim is resolved. Another example would be if a child is facing disciplinary action for behavioural issues and their parents file a claim to have them placed in a different program. The stay-put rule would necessitate the child to stay in their current program until the claim is resolved. The stay-put rule is crucial as it ensures that children with disabilities receive the necessary education and services while any disputes or claims are being resolved.
The Stay-Put Rule is a legal provision that ensures a student with disabilities remains in their current educational placement during any dispute or legal proceedings regarding their special education services.
The Stay-Put Rule applies when there is a disagreement or dispute between the parents/guardians and the school district regarding the student’s special education services, including changes in placement, services, or program.
The Stay-Put Rule remains in effect until the dispute or legal proceedings are resolved, either through mediation, due process hearings, or court decisions.
No, the school district cannot change the student’s placement during the Stay-Put period unless both parties agree or a court order allows for a change.
If the parents/guardians disagree with the proposed changes, they can invoke the Stay-Put Rule by notifying the school district in writing, stating their objection and intention to exercise their rights under the rule.
In some cases, the Stay-Put Rule can be waived or overridden by a court order if it is determined to be in the best interest of the student. However, this is a rare occurrence and requires a compelling justification.
Yes, the Stay-Put Rule applies to all students with disabilities who are eligible for special education services under the Individuals with Disabilities Education Act (IDEA).
No, the Stay-Put Rule only applies during the dispute or legal proceedings. Once the dispute is resolved, the student’s placement and services may be subject to change based on the outcome.
If the parents/guardians wish to change the student’s placement voluntarily during the Stay-Put period, they can do so by reaching an agreement with the school district and documenting the changes in writing.
No, the Stay-Put Rule specifically applies to the student’s educational placement and services. It does not cover non-educational services or placements outside the school setting.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 17th April 2024.
To help you cite our definitions in your bibliography, here is the proper citation layout for the three major formatting styles, with all of the relevant information filled in.
- Page URL:https://dlssolicitors.com/define/stay-put-rule/
- Modern Language Association (MLA):Stay-Put Rule. dlssolicitors.com. DLS Solicitors. May 09 2024 https://dlssolicitors.com/define/stay-put-rule/.
- Chicago Manual of Style (CMS):Stay-Put Rule. dlssolicitors.com. DLS Solicitors. https://dlssolicitors.com/define/stay-put-rule/ (accessed: May 09 2024).
- American Psychological Association (APA):Stay-Put Rule. dlssolicitors.com. Retrieved May 09 2024, from dlssolicitors.com website: https://dlssolicitors.com/define/stay-put-rule/
Our team of professionals are based in Alderley Edge, Cheshire. We offer clear, specialist legal advice in all matters relating to Family Law, Wills, Trusts, Probate, Lasting Power of Attorney and Court of Protection.
All author posts