Alex Clarfeld, Individually and on Behalf of His Minor Child, P. M. v. Hawaii Department of Education
DueProcess Privacy
Does the 'stay-put' provision of the Individuals with Disabilities Education Act imply a right to prevent school officials from unilaterally changing a previously accepted placement prior to the initiation of proceedings?
QUESTIONS PRESENTED A. Does the “stay-put” provision of the Individuals with Disabilities Education Act (“IDEA”), 20 U.S.C. §1415G), which requires that during the pendency of proceedings, a child must remain in their then-current educational placement, and which indicates a clear intent to minimize disruption to a ; child’s education, imply a right to prevent school officials from unilaterally changing a previously accepted placement prior to the initiation of proceedings? B. Does the “stay-put” provision imply a right to the prior written notice required by 20 U.S.C. §1415(b)(8), when school officials seek to change a . bilateral placement prior to the initiation of proceedings? . 2