Stay put explained
By the IEP Atlas editorial teamLast updated
Short answer
Stay put is the IDEA rule that a child stays in their current educational placement while a due process hearing or court case about the child is pending, unless the parent and the school agree otherwise. It is covered in 34 CFR 300.518. Discipline appeals follow a separate rule in 34 CFR 300.533.
Stay put, also called pendency, keeps things steady during a legal dispute. While a due process complaint or a court case is pending, the child remains in the current educational placement, unless the state or district and the parents agree to something else.[1] The school cannot change the placement on its own while the case runs, and the parent cannot use the filing to move the child into the placement they want.
This page describes the federal rule. States follow it but courts in different parts of the country have read some details differently. For a question about your own child, an advocate or lawyer can explain how it applies in your state. The special education rights overview lists stay put with your other rights.
What "current educational placement" means
The placement is usually the one in the last IEP that the parent and school agreed to and that was carried out. It covers the program and services, such as a general education class with 45 minutes a day of resource support. It does not always mean the same building or the same teacher.
What the regulation says
Under 34 CFR 300.518:[1]
- During any administrative or court proceeding on a due process complaint, the child stays in the current placement unless the parents and the state or district agree otherwise.
- If the complaint is about first admission to public school, the child goes to public school, with the parent's consent, until the case ends.
- If the complaint is about a child moving from early intervention (Part C) to preschool special education (Part B), the district does not have to keep providing the early intervention services. If the child is found eligible for Part B and the parent consents to initial services, the district provides the services that are not in dispute.
- If a hearing officer in a state-level review agrees with the parent that a change of placement is right, that placement is treated as an agreement between the state and the parents for stay put.
Where the rule came from
Before the current regulations, the Supreme Court decided Honig v. Doe in 1988. The Court held that schools could not remove students with disabilities from their placement on their own for dangerous behavior tied to their disability while a dispute was pending. It allowed short suspensions of up to 10 school days and allowed schools to ask a court for relief in an emergency.[4] Today's discipline rules build on that decision.
An example
This example is fictional.
Ava, age 8, has an IEP that places her in a general education class with 60 minutes a day of special education reading support. At the annual review on March 3, the district proposes moving her to a separate classroom for most of the day, starting April 1, and sends prior written notice.
Her parents disagree and file a due process complaint on March 20. Because the case is pending, Ava stays in her general education class with 60 minutes of reading support. The April 1 move does not happen.
In May, the hearing officer decides the district's proposal is appropriate. Ava's parents do not appeal. The new placement starts once the case is over. If they had appealed to court, stay put would generally continue while that case was pending.
Stay put vs placement during discipline appeals
The term most often confused with stay put is the separate rule for discipline appeals.
| Stay put | Placement during discipline appeals | |
|---|---|---|
| Federal rule | 34 CFR 300.518[1] | 34 CFR 300.533[2] |
| When it applies | Any due process complaint or court case about the child | A parent or school appeals a disciplinary placement decision or a manifestation determination |
| Where the child stays | The current educational placement | The interim alternative educational setting chosen by the school |
| How long | Until the case ends | Until the hearing officer decides or the removal period ends, whichever comes first |
| Exceptions | Parents and school can agree otherwise | Parents and school can agree otherwise |
| Hearing speed | Regular timelines | Expedited: the hearing within 20 school days of filing and a decision within 10 school days after it[3] |
The interim alternative educational setting guide and the 10-day rule guide explain the discipline side.
What stay put does not cover
- State complaints and mediation. Stay put is tied to due process and court cases. Filing a state complaint or asking for mediation does not trigger it.
- Changes everyone agrees to. If you and the school agree to a different placement during the case, the agreement controls.
- Things outside the placement. Small changes, such as a new teacher or a schedule shift, are not always a change of placement. Whether a change is big enough is often the question in a dispute.
The due process hearing guide covers the full hearing process, and the stay put glossary entry gives a short definition. If the school did not provide services during a dispute, the compensatory education guide explains how makeup services work.
Frequently asked questions
Does stay put start when I send a letter disagreeing with the IEP?
No. A letter of disagreement does not trigger stay put. It generally starts when a due process complaint is filed. Filing a state complaint or asking for mediation does not trigger it either.
Can the school move my child to a new school building during stay put?
A move to a different building with the same program is not always a change of placement. Whether it is depends on how much the program and services change. Courts have looked at this case by case.
Does stay put apply when my child is suspended?
Discipline appeals follow a different rule. During an appeal of a disciplinary placement, the child generally stays in the interim setting until the decision or the end of the removal period, unless you and the school agree otherwise.
Use it in IEP Atlas
- Stay put in the IEP glossary
- Procedural safeguards in the IEP glossary
- IDEA in the IEP glossary
- Due process in the IEP glossary
Related guides
- Special education rights for parents and students: an overview
- What is FAPE? Free appropriate public education explained
- Compensatory education explained
- Surrogate parents in special education
- Due process hearings: steps and timelines
Sources
- 34 CFR §300.518: Child's status during proceedings, U.S. Department of Education (IDEA website)
- 34 CFR §300.533: Placement during appeals, U.S. Department of Education (IDEA website)
- 34 CFR §300.532: Appeal, U.S. Department of Education (IDEA website)
- Honig v. Doe, 484 U.S. 305 (1988), Library of Congress (U.S. Reports)
- The Due Process Complaint in Part B of IDEA, CPIR
Written and checked by the IEP Atlas editorial team under our editorial policy. This guide describes general practice and federal rules. It is not legal advice; your state may add requirements, and the IEP team makes the decisions for each student.