Program
A hearing officer, FOFD, or IEP create the original accepted and agreed-upon education plan.
New Proposal
A family has a disagreement with their child's service offerings in their new proposed IEP.
Complaint
A family files a due process complaint to challenge the decision and keep the original plan in the interim.
Stay Put
The child "stays-put" and remains in the last agreed-upon program until the disagreement is resolved.
When you’re in a dispute with your school district over your child’s special education, the
uncertainty can feel overwhelming. Fortunately, the law provides a critical protection to ensure
your child’s education isn’t disrupted: the right to Pendency, often called the “stay-put
provision.” This right is a cornerstone of federal and state education law, designed to provide
stability for your child while you and the school district resolve your disagreement.
In simple terms, Pendency is your child’s right to remain in their last agreed-upon program
while a special education dispute is ongoing. When you file a due process complaint to
challenge a school district’s decision, the “stay-put” rule is automatically triggered. This
means the school district cannot change your child’s placement or services without your
agreement or an order from a hearing officer. The goal is to prevent the school district from
making unilateral changes that could disrupt your child’s learning and progress.
The key to Pendency is understanding what program “stays put.” This is the educational
program that was last agreed upon by both you and the school district. This is typically
outlined in your child’s most recent:
This “last agreed-upon program” can also be established by a prior, unappealed decision from
an impartial hearing officer, also known as an “FOFD”. The services outlined in that
document—whether it’s an IEP, IESP, or a hearing officer’s order—are what must be
maintained during the dispute.
Pendency provides critical stability for your child. It ensures that they continue to receive the
services and support they need, in the setting you agreed to, preventing educational
disruption. It acts as an automatic injunction, preserving the status quo so that your child
does not regress while you are advocating for their rights. It guarantees a consistent
educational environment, which is crucial for students with disabilities.
When you are fighting for your child’s education, you need an advocate who will act decisively
to protect their stability. The complexities of Pendency can be daunting, but you are not in this
alone. Our firm is dedicated to securing your child’s right to “stay-put.” We will meticulously
review your case to identify the correct “last agreed-upon program” and take immediate
action to ensure the school district honors its legal obligation. While your case is ongoing, you can maintain your existing services.
The Law Offices of Philippe Gerschel LLC have specialists on staff to help make sure you get the best outcome for your child. We will fight to make sure your child’s IEP is right for them and work with the Board of Education to ensure it is implemented correctly.
We enjoy helping parents navigate all the complexities involved in working with the Boards of Education, and specialize in obtaining private school tuition, special education services, tutoring, and compensatory education on behalf of clients.
We have significant experience representing our IEP clients.
We will make certain your child continues to receive all the services they are entitled to without interruption. You are in capable hands. Let us handle the legal fight so you can focus on your child. Contact us today for a consultation.
Your expert for your Individual Education Plans
