What does stay put mean while a dispute is pending?

Special education · Process and next steps

Educational content from the office of Francisco J. Vizcarrondo. Free to read, without registration.

As a general rule, §300.518 preserves the current educational placement during administrative or judicial proceedings concerning a due process complaint, unless parents and the agency agree otherwise or an exception applies. Identifying that placement may require examining IEPs, agreements, and earlier decisions.

A new school is not automatically protected

A unilaterally selected private school does not become the protected current placement merely because a complaint is filed. Section 300.518(d) gives a particular effect to a qualifying State hearing or review decision agreeing with the parents that a change is appropriate. The decision’s terms and scope matter.

Exceptions requiring attention

Initial public-school admission and transition from Part C to Part B have specific rules in §300.518(b)–(c). Disciplinary appeals follow §300.533: generally the interim alternative placement continues until the decision or the authorized period expires, whichever occurs first, unless otherwise agreed.

What to review promptly

If a change is announced during a dispute, keep the notice and date, implemented IEP, agreements, and decisions. We can assess the protected placement and appropriate action. Related-service continuity under Rosa Lydia Vélez is explained separately; it should not be confused with a guarantee for any newly selected private school.

The answer for your situation depends on the facts and records. An inquiry does not suspend legal deadlines or guarantee that the office will accept the case.

Reference sources

34 C.F.R. §300.518 · Stay put34 C.F.R. §300.533 · Ubicación durante apelaciones / Placement during appeals20 U.S.C. §1415 · Procedural safeguardsBurlington, 471 U.S. 359 (1985)

Rules must be read in context. This explanation may require updating and individual review.

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