Monday, February 24, 2014

Stay-Put Split

The Third Circuit jumped into the dispute between the D.C. and the Ninth Circuits on the issue of whether the stay-put provision of the Individuals with Disabilities Education Act, which requires that a disabled child shall remain in his or her current education setting during the pendency of proceedings to resolve a dispute over the child's placement, continues through appellate review.  The D.C. Circuit has held that it does not, while the Ninth Circuit has held that it does.  The Third Circuit agreed with the Ninth Circuit, holding that "the statutory language and the 'protective purposes' of the stay-put provision lead [sic] to the conclusion that Congress intended stay-put placement to remain in effect through the final resolution of the dispute."

The decision in M.R. v. Ridley School District can be found here.


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