The Ninth Circuit Court of Appeals has ruled that the “stay put” provision of IDEA remains relevant, even when a student has aged out of public school.
The case involves a Hawaii student with severe disabilities, who filed for due process in order to remain at the private school he had been attending since the age of seven. He was beyond the age of eligibility when he invoked stay put. The Hawaii Department of Education (DOE) argued that because the student had aged out of public education and was therefore ineligible for special education, he no longer has the right to invoke stay put.
At issue was whether the “stay put” provision in the Individuals with Disabilities Education Act (IDEA), applied to a student who has exceeded a state-imposed age limit on eligibility for public education. The court concluded that the student was entitled to remain at the school as his ‘stay-put placement’ from the date he filed his administrative complaint, and he was entitled to remain there until his case was resolved.
To read the decision, click here.
