What does a stay put IEP mean?

The “stay put” provision is one of the most important legal rights in special education law. “Stay put” rights apply when you dispute a change the school wants to make to your child’s IEP. When you invoke this right, your child’s current placement can remain the same until you and the school resolve the dispute.

What is the stay put provision?

The “stay put” provision states that during the pendency of any due process proceedings, the child shall remain in the then-current educational placement.

Why is Idea stay put provision important?

The “stay put” provision of IDEA is one of the law’s most important safeguards for parents of children receiving special education. In short, during the pendency of any due process proceedings, a parent may invoke stay put and the child will remain in the then-current educational placement.

What to do when IEP accommodations are not working?

Here are steps you can take if you think your child’s IEP isn’t working.

1. Define what “not working” means to you.
2. Track your child’s progress.
3. Consider how long your child’s IEP has been in place.
4. Talk with your child’s teacher or case manager.
5. Call an IEP meeting.
6. Talk about adjusting the accommodations.

What ages are covered under Section 504?

To be covered under Section 504, a student must be “qualified ” (which roughly equates to being between 3 and 22 years of age, depending on the program, as well as state and federal law, and must have a disability) [34 C.F.R. §104.3(k)(2)].

Can a student with an IEP be failed?

An IEP does not guarantee that a child will not fail. If a child has a disability and needs special education services, the school and parents meet to develop an IEP. The IEP does not guarantee that your child won’t fail, although it is unusual for a child with an IEP to fail.

What happens if IEP goals are not met?

A goal not met doesn’t automatically signal that a child was denied FAPE. However, it should trigger a thorough investigation as to why a goal wasn’t met and what should be done next. You might find that the lack of progress is due to the school not following the IEP.

How long will it take to complete the IEP?

Submit it directly to the principal, school psychologist or to your child’s teacher. Since the IEP process can legally take up to 60 days to complete, the district should provide you with an assessment plan and a copy of your procedural safeguards within 15 days of receiving the referral.

What happens to an IEP when you move?

When you move schools within the school district, your child’s IEP stays in place . This is the most clear-cut scenario. An IEP is a legally binding program created by you and the local school district. Since you didn’t move out of district, the IEP doesn’t change .

Do we need to revoke the IEP?

The answer is NO, you do not have to revoke the IEP and you don’t have to accept and either-or situation. You can allow the school to implement parts of the IEP. The school may not draw a line in the sand, or force you to accept the IEP “all or nothing.”

How do you make an IEP?

The first step in getting an IEP is requesting an evaluation to determine if your child has a disability. You can make the request through your child’s teacher, a school administrator or the school district office. Though a teacher may also ask for your child to be evaluated, parental consent is necessary for the evaluation.