When a school district says your child is no longer eligible for special education, or proposes cutting services, it can feel urgent and overwhelming. You may be told to act quickly or file for a hearing right away.
In many cases, a better first step is to hold your ground and use “stay put.”
Stay put allows you to keep your child’s current IEP and services in place while you sort out a disagreement with the school. Done right, it gives you time to make informed decisions instead of rushed ones.
What “Stay Put” Means
Under the Individuals with Disabilities Education Act, stay put requires the school to continue your child’s current special education program during a dispute. The idea is straightforward: your child’s services should not change just because the adults disagree.
In Massachusetts, disputes are handled through the Bureau of Special Education Appeals. Stay put is what keeps things stable during that process.
When Stay Put Matters Most
You should be thinking about stay put any time the school proposes:
-
- That your child is no longer eligible
- A reduction in services
- A change in placement
If you accept those changes — even informally — they can become the new baseline. If you clearly reject them in writing, you preserve your child’s current program. That rejection is what holds the line.
What to Do First
If you disagree with what the school is proposing, put it in writing right away. You do not need legal language. You just need to be clear:
-
- State that you reject the proposed IEP or eligibility finding
- Make clear that you expect current services to continue
- Keep a copy for your records
One important caution: do not sign an IEP you do not agree with, and be careful about stating that you agree with an evaluation at an IEP meeting — even casually. Both can affect your options going forward.
Take Time to Get Your Ducks in a Row
Families are often encouraged to file for mediation or a hearing right away. That is not always the best move, and in many cases it is the wrong one. Filing too early can shift the burden in ways that disadvantage your family.
A stronger approach is often to pause and build your case while your child’s services remain in place.
That can include:
-
- Consulting with your child’s providers or outside specialists
- Gathering additional data or observations
- Obtaining a private evaluation if feasible
- Requesting an Independent Educational Evaluation (IEE) at public expense
On the IEE: if you disagree with the district’s evaluation, you have the right to ask the district to fund an outside evaluation. The district must either agree to pay for it or file to defend their own evaluation — which puts the burden on them. This is a meaningful strategic tool. For a full explanation of how IEEs work in Massachusetts, including cost, timing, and how to request one, see FAQs on IEEs.
How Long Can Services Stay in Place?
Indefinitely, as long as a dispute remains active and unresolved. Stay put keeps your child’s current program in place:
-
- During a due process case
- Through hearings and, in many cases, appeals
- Until there is an agreement or a final resolution
The school cannot simply decide to stop services on its own.
A few important limits to keep in mind:
-
- If you withdraw from a proceeding, stay put typically ends
- A new agreement or decision can change what stay put looks like going forward
- If there was no IEP previously in place, there may be no program to stay put
What Counts as Your Child’s “Current Program”?
Generally, this means the last IEP that was actually in effect — the type and level of services your child was receiving. It is not always tied to a specific classroom or building. Small logistical adjustments can happen, but the core services should remain consistent.
One thing families sometimes don’t realize: you can accept part of an IEP and reject the rest. You do not have to accept or reject the entire document. If the school proposes changes you agree with alongside changes you don’t, you can be precise about what you are and are not accepting.
Sample Rejection Letter
This does not need to be complicated. Something like this is enough:
Dear [School/District Team],
I am writing to let you know that I do not agree with the proposed IEP and the determination that [Child’s Name] is no longer eligible for special education services.
At this time, I am rejecting the proposed changes. I expect that [Child’s Name] will continue to receive all services and supports outlined in the last accepted IEP.
I am in the process of reviewing the information provided and may be seeking additional evaluations.
Please confirm that the current IEP and placement will remain in effect.
Sincerely, [Parent Name]
Adjust the tone as needed, but make sure the letter includes:
-
- Clear disagreement
- Rejection of the proposed change
- Your expectation that current services continue
The Bottom Line
Stay put gives you something incredibly valuable: time and stability.
Time to understand what is happening. Time to gather better information. Time to decide what is right for your child.
And during that time, your child’s services can remain in place — not because the school agreed to it, but because the law requires it.