Question:
My child has received special education services for two years. The the school re-evaluated my child and determined he no longer required an IEP. We asked if we could invoke our stay-put rights, and were told that we could not as stay-put can only be invoked when there is a reduction of service, not when ineligible for the service. Is this correct?
Answer:
No. You can and should invoke stay-put if your child is found ineligible for special education services. In Massachusetts, the services previously offered by the district that you previously accepted should continue until and unless the district files for a hearing and prevails.
If you are concerned about your child's special education supports and services, contact the Boston area law office of Wong & Boscarine.