Abstract
While the Individuals with Disabilities Education Act has by many accounts been successful in bringing education services to students who were previously excluded from public education, it has failed to keep up with the changing landscape of special education. This lack of progress is particularly evident in the currently unresolved issues surrounding the “stay put” provision. The effect has been to freeze the parties in inappropriate circumstances for drawn-out periods of time while the matter wends through the multi-stage resolution process. This article explores the problems surrounding the stay-put provision and proposes two modest legislative remedies: clarification of the applicability of stay put orders to private schools, and limitation on the length of stay put placements during the dispute resolution process.
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