A significant advantage to requesting a due process hearing is that it is the only dispute resolution mechanism that triggers the IDEA’s “Stay Put” provision. Stay Put refers to the procedural requirement that a student involved in a due process proceeding “remain in his or her current educational placement.”1 For example, if an LEA is proposing to place a child in a more restrictive setting such as a self-contained classroom or special school, the parent can file for a due process hearing to ensure that the student remains in the student’s current classroom setting during the pendency of proceedings. While the Stay Put protections should be self-executing, it may be necessary in some instances to file a motion with the ALJ to ensure the student is not moved.2 Because of the advantages of Stay Put in maintaining the status quo, a strategic request for a due process hearing filed prior to a change in a student’s placement should be considered whenever possible.
- 134 C.F.R. 300.518(A); La. Bulletin 1706 § 518(A).
- 2A template motion for a “Stay Put” order is provided in Section 9.