What is "Stay-Put"?
In Massachusetts, stay-put protects a student's right to remain in their current special education placement and continue receiving previously agreed-upon special education services when there is a dispute about proposed changes to the IEP.
When Does "Stay-Put" Apply?
Stay-put generally applies when parents have previously accepted an IEP, either in full or in part. If a child has not yet been found eligible for special education, the school district is proposing an initial IEP, or the parents have never accepted any portion of an IEP, there no previously agreed-upon special education services or placement to protect through stay-put.
In Massachusetts, parents can invoke stay-put when they reject proposed changes to previously accepted IEP services or placement.
Expert Tip: If the school district proposes to reduce or remove special education services that your child currently receives, clearly reject those changes in your IEP response and state that you are invoking your child's stay-put rights. Be specific about which services you want to continue.
Massachusetts vs. Federal Law
Under Federal law, stay-put rights applies during a special education due process hearing or related court proceeding. Massachusetts provides broader protections. In Massachusetts, parents can invoke stay-put when they reject proposed changes to previously accepted IEP services or placement, even without filing a due process hearing request.
Expert Tip: Stay-put doesn’t just apply when a service is eliminated. Parents can also invoke stay-put when the school district proposes significant changes to previously accepted special education services. Examples include reducing service frequency (from daily to twice per week), changing the setting (from in-class support to pull-out services), or changing the type of provider (from a special education teacher to a teaching assistant).
Understanding and asserting your child's stay-put rights can be confusing, particularly when a school district proposes changes to an IEP. If you have questions about your child's special education rights, contact Noble Education Law LLC, a Massachusetts special education law firm that exclusively represents parents and students.
