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(6.48) Do I need to request due process and ask for stay-put if the district is not implementing my IEP?

(6.48) Do I need to request due process and ask for stay-put if the district is not implementing my IEP?

No. Districts are not permitted to unilaterally change special education students’ placements or services without going through the IEP process and obtaining your consent. However, when disputes arise between parents and districts, sometimes districts ignore their obligations to implement the current IEP and want to move ahead with whatever change they wish to make. In this situation, if you intended to file for due process anyway on other issues, you can do that and also ask the hearing office to order the district to continue to honor the IEP during the process.

However, if you are satisfied with the IEP and would not otherwise be filing for a hearing, you should file a compliance complaint with the CDE for the district’s failure to comply with the IEP. You should ask CDE to order the district to provide compensatory services to make up for any lost services or to pay your out-of-pocket expenses if you incurred any in privately maintaining services. [34 C.F.R. Sec. 300.151(b)(1).] You should also ask CDE for “fast-track” processing of the complaint in order to minimize the disruption to your child.