Understanding Stay Put Rights in Special Education

As parents and advocates for children with disabilities, one of the most important protections available to you is something called stay put rights. This is a powerful safeguard under federal special education law that helps protect your child’s educational stability during disputes with the school.

What Are Stay Put Rights

Stay put refers to your child’s legal right to remain in their current educational placement and continue receiving the services in their last agreed upon Individualized Education Program, or IEP, while you and the school resolve a disagreement. This means the school cannot make a proposed change until the dispute is fully resolved.

This protection applies not only to where your child attends school, but also to the services and supports listed in the IEP. That can include speech therapy, occupational therapy, counseling, specialized instruction, and other related services. Whatever was last agreed upon stays in place during the dispute process.

When Do Stay Put Rights Apply

Stay put rights come into play when you disagree with a proposed change to your child’s IEP or placement. For example, the school may want to reduce services, change the setting to something more restrictive, or make other adjustments that you believe are not appropriate for your child.

If you formally dispute the proposed change, your child’s current placement and services remain in place while the disagreement is being resolved. This protection provides stability and prevents sudden disruptions in your child’s education.

How to Activate Stay Put Rights

To use stay put rights, you must take action before the proposed change takes effect. The school is required to provide you with prior written notice explaining the change they want to make.

After receiving that notice, there is a limited window of time to respond. Typically, this means requesting mediation or filing a due process complaint to formally dispute the change. Once you take that step within the required timeline, your child’s current placement and services must remain in place during the entire dispute process, even if it takes months to resolve.

Are There Exceptions

There is an important exception related to safety. If the school believes your child’s current placement is likely to result in serious harm to your child or to others, they may be allowed to temporarily change the placement for up to 45 school days. Even in that situation, the school must continue to provide appropriate educational services.

Why Stay Put Matters

Stay put is one of the strongest protections available to families in special education. It prevents schools from making unilateral changes while a disagreement is ongoing. It protects consistency, routine, and access to the supports your child relies on to make progress.

For many families, understanding and using stay put rights can make the difference between losing critical services and maintaining the stability their child needs to succeed. Knowing your rights empowers you to advocate with clarity and confidence when difficult decisions arise.