Q&A: Stay Put and 45 Day Placements

Question: My child has complicated issues and the district granted a 45 day placement for evaluation. I am not in agreement with what they have proposed. The 45 day placement is over and I wanted to reject their proposal to bring him back to district. I am told I have no stay put rights. Is this true?

Answer: Yes, it is true. There are no stay-put rights to a 45 day placement. Unlike what the name implies, 45 day placements are evaluations, not placements for IEP purposes. Your child's stay-put placement is the last placement you and the district both agreed to.

If you have more questions about special education law and need help advocating for the placement your child needs, contact the Boston area Law Office of Lillian E. Wong.