Understanding “Stay-Put”: What It Really Protects

By: Dr. Gabrielle Baker, President & Advocate

“Stay-put” is one of the strongest procedural safeguards in the Individuals with Disabilities Education Act, but it is also one of the most misunderstood. Many families believe that simply saying “we are invoking stay-put” is enough to freeze a child’s services. In reality, stay-put is only activated under specific legal conditions. Understanding what it truly protects—and what it does not—helps families use it effectively.

Stay-put prevents schools from making sudden changes to a student’s placement, services, or supports during a dispute. The key phrase is “during a dispute.” That dispute must be formal, not verbal. Stay-put is triggered when a parent files for due process, mediation, or—in some states—a state complaint that directly challenges placement or services. Until one of these actions is filed, the school is not legally required to maintain the current plan, even if the parent tells them they want stay-put.

This is where confusion often arises. Parents may say, “We are requesting stay-put,” but unless a qualifying dispute resolution action has been initiated, the school does not have to honor it. The request alone does not freeze anything. The legal protection begins only after the filing is accepted.

Once stay-put is triggered, the child’s “last agreed-upon placement” becomes locked in. This means the school cannot reduce services, change the child’s environment, stop providing supports, or implement a new program that the parent has not agreed to. The student continues receiving the services outlined in the last IEP or 504 plan that both parties accepted.

Stay-put offers critical protection during conflicts about service reductions, placement changes, behavior plans, or supports essential for the student’s access to FAPE. Without it, schools could unilaterally alter a student’s program while families scramble to dispute the change. With stay-put, the student remains in a consistent and predictable educational setting while the disagreement is resolved.

However, stay-put is not automatic and not retroactive. If a school makes a change before the parent files a dispute, stay-put will not undo that change. This is why timing and clarity matter. Families should document disagreements in writing and, when needed, file the appropriate dispute resolution request promptly.

Once a resolution is reached—through an agreement, order, or hearing decision—stay-put ends, and the student moves forward with the new legally established plan.

Stay-put is a powerful safeguard, but it only works when activated through the correct legal steps. A verbal request alone is not enough. When families understand how to properly trigger stay-put, they can ensure their child remains supported and stable while the adults work through the dispute.