In Massachusetts, Stay-Put is a protection under Federal and State Law to a student’s placement and/or services pending a dispute with the school.
Under the Federal Regulations, the “Stay-Put” provision comes into play once a Due Process Complaint is filed. In that case, the parents do not have to “request” or "invoke" stay-put protections because it is automatic. The student’s then-existing IEP or last signed IEP controls. There can be no change of placement and no change in the IEP unless both parties agree (or in very few exceptional circumstances). If this is the student's first/initial IEP, there are no stay-put rights because there is no existing IEP.
Under the Massachusetts Regulations, the “Stay-Put” provision comes into play when a Due Process Complaint is filed or when you invoke your "Stay-Put" rights because you disagree with what is contained in a proposed IEP/Placement. No Due Process action is necessary. When you "invoke," the student simply "stays put" in his/her/their existing placement and program until the parties resolve the matter. In Massachusetts, you can invoke your stay put rights when you reject part or all of a proposed IEP. Parents should exercise their right to stay-put at the team meeting ("I invoke stay put") and after, in writing .
Again, Massachusetts law entitles you to exercise your stay-put rights when a district proposes an IEP or portions of an IEP that you believe do not provide your child with a free and appropriate public education (FAPE), whereas federal law states that stay-put occurs automatically upon the filing of a Due Process Complaint.
This can get tricky and other factors can come into play. Feel free to contact me if you have questions.
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