Stay-Put Rule Law & Legal Definition


Stay-put rule refers to the principle stating that a child must remain in his/her current educational placement. Stay-put rule is governed by the Individuals with Disabilities Education Act. This rule gives parents the right to an impartial due process hearing on complaints regarding the educational placement of their handicapped children,, and to state or federal judicial review of final administrative decisions.

In Drinker by Drinker v. Colonial Sch. Dist., 78 F.3d 859 (3d Cir. Pa. 1996), it was held that under the stay-put rule, during the pendency of any proceedings conducted, unless the state or local educational agency and the parents or guardian otherwise agree, the child remains in the then current educational placement of such child, or, if applying for initial admission to a public school, with the consent of the parents or guardian, be placed in the public school program until all such proceedings have been completed.