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(6.47) How can you ensure that a district honors the “stay-put” provision?

(6.47) How can you ensure that a district honors the “stay-put” provision?

Most districts are aware of, and usually honor, the “stay-put” provision. However, in recent years, disputes about stay-put have become more common. There are several alternatives available to help you enforce your “stay-put” rights:

  1. As in all special education process interactions, you should let the district know that you know your rights. This simple action puts the district on notice that you expect them to fulfill their responsibilities according to federal and state law. Therefore, you could include a statement in your hearing request (a copy of which should be sent to your district) asking the district to confirm your child’s right to maintain his current placement and/or services. If the district does not respond within five days, or refuses to honor your “stay-put” rights, you may want to utilize option or (3) below.
  2. You could file a compliance complaint with CDE. Since CDE action may take too long for this to be of assistance, you could call the quality assurance office to request a “fast-track” investigation or call your district directly. However, CDE has the discretion to agree to or refuse to fast-track processing.
  3. Once you have requested due process, you could immediately file a “stay-put” motion asking the Office of Administrative Hearing (OAH) to rule on your “stay put” request.  In order to file a motion, write a letter outlining your request and why you think the “stay-put” provision should apply to your child’s situation. An ALJ will review this information and issue an order either granting or denying your request. See sample paragraph Due Process Request for Stay-Put, Appendices Section – Appendix M.