Not Happy with Your Child’s IEP? Here’s How to Use Your “Stay-Put” Rights
Getting your child’s updated Individualized Education Plan (IEP) can be stressful, especially if it includes changes you don’t agree with. Don’t worry, there’s a safety net called stay-put rights that makes sure your child keeps their current services while you work through any disagreements. Think of it as hitting the pause button on unwanted changes.
Here’s what you need to know.
What Are Stay-Put Rights?
Stay-put rights are part of the Individuals with Disabilities Education Act (IDEA). They allow your child to stay in their current placement and continue receiving the services they already have, even if the school wants to make changes you’re not on board with.
The goal is stability. Kids thrive on routine and stay-put prevents sudden disruptions while you and the school figure things out.
When Can You Use Stay-Put Rights?
You can assert stay-put if:
- You disagree with proposed IEP changes.
- You file a due process complaint, a formal legal challenge about your child’s plan.
- In states like Massachusetts, stay-put can apply during any IEP dispute.
Note: Stay-put only works if your child already has an agreed-upon placement and services. No previous IEP, no stay-put. No exceptions.
How to Assert Your Stay-Put Rights
If you’re not on board with the IEP, here’s how to protect your child:
- Respond in Writing: Submit your response within the required timeframe. You can accept some parts and reject others—just be clear about what you don’t agree with.
- Invoke Stay-Put: Spell it out: “We are invoking stay-put rights.” That tells the school your child’s current services must continue until the dispute is resolved.
- Consider Next Steps: If things get sticky, explore mediation or a due process hearing. A neutral third party can help ensure your child gets what they need.
Stay-put isn’t just for when services are removed. If hours are reduced, the location changes, or a new provider is assigned, you can invoke stay-put. Be specific about the services you want to continue.
Massachusetts vs. Federal Law
Federal law limits stay-put rights to situations where parents have filed a due process hearing request. Massachusetts law is more parent-friendly: you can invoke stay-put immediately after rejecting an IEP, without filing a hearing.
What Stay-Put Means for Your Child
During a dispute, schools cannot reduce or change your child’s services. If they do, you may be entitled to reimbursement or compensatory services.
Keep in mind: disputes can take time, and your child’s IEP might become slightly outdated as their needs evolve. Stay-put protects stability, but it’s still important to work toward a timely resolution.
Bottom line: Stay-put rights are your ally when your child’s IEP isn’t quite right. Act quickly, be clear, and don’t let anyone push changes you’re not ready to accept. Your child deserves stability and you deserve to be heard.
Understanding your child’s stay put rights can be confusing. If you find yourself unsure about your next steps or want guidance on how to protect your child’s current IEP and are feeling in way over your head, reach out. We’re here to guide you through the process and help you understand your rights so you can feel confident in making the best decisions for your child.