“Stay Put” Now Applies to Mediation

keep-calm-and-stay-putPrior to the school code change, a student with disabilities could “stay put” in his or her current educational placement (and continue to receive the same special education and related services) when a due process complaint or other administrative or judicial proceeding was filed and remain in that placement (and the same level of services) until a decision was rendered.

The law has now been amended so that not only does “stay put” apply to administrative and judicial proceedings, but also to mediation.

However, if mediation does not resolve the matter, parents have 10 days from the time the mediation has concluded to file a request for a due process hearing if they wish to continue to invoke “stay put”.

The full language of this Illinois School Code change can be found at 105 ILCS 5/14-8.02a(j).

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