Educational information · Reviewed August 2026
What “stay put” addresses
IDEA’s federal regulation concerning a child’s status during proceedings generally provides that, during the pendency of an administrative or judicial proceeding regarding a due process complaint, the child remains in the current educational placement unless the parents and the state or local educational agency agree otherwise. The regulation also contains specific provisions and exceptions that may affect an individual matter.
Why “current educational placement” can become disputed
The phrase is not always answered by pointing to a school building or reading one line of an IEP. The relevant record may include the operative IEP, services actually being delivered, placement agreements, prior orders, hearing decisions, and communications documenting what the parties accepted or contested. Legal counsel determines the governing legal interpretation; educational-practice analysis can help establish what program was described and implemented at the relevant time.
Records commonly examined
- The most recent agreed-upon or operative IEP and placement documents
- Prior written notices, mediation agreements, orders, and hearing decisions
- Service schedules, provider logs, attendance, and implementation records
- Communications concerning proposed changes, consent, objections, or interim arrangements
- Evidence of the program the student was actually receiving when the dispute arose
What a careful review avoids
A sound review does not assume that every dispute automatically freezes every aspect of a student’s program. It identifies the exact proceeding, the asserted change, the relevant placement evidence, any agreement or decision affecting placement, and the limits of the available record.
Official source
Read 34 C.F.R. § 300.518 on the U.S. Department of Education’s IDEA website. This resource is general educational information, not legal advice.
Related analysis
For independent analysis of IEP design, implementation, placement, and the educational record, review IEC’s IEP and FAPE expert witness services.