Stay-Put Rights in Indiana: What to Do When You Disagree with the IEP

The school has proposed a change to your child's IEP — a more restrictive placement, a reduction in services, or a new educational setting you don't think is appropriate. You've said you disagree, but you're not sure what happens next. The answer depends heavily on one right most Indiana parents don't know they have.

What Stay-Put Means in Indiana

Indiana's stay-put rule is codified at 511 IAC 7-45-7(u). It states that during the pendency of any due process proceeding, a student with an IEP has the right to remain in their current educational placement — the last placement the parent and school agreed upon — unless the parent and school agree to a change.

The stay-put rule is activated the moment a due process complaint is filed. It is not automatic when you simply express disagreement at a CCC meeting. But it is a powerful protection: the school cannot unilaterally move your child to a different setting or reduce services while the legal dispute is unresolved.

If the school says "we've decided to move your child to [more restrictive setting] and services will change next week" — and you disagree — filing for due process (or at minimum, contacting Indiana Disability Rights to evaluate your options) activates stay-put and prevents the move while your case proceeds.

When Stay-Put Applies

Stay-put applies:

• During a pending due process hearing
• During an appeal of a due process decision to federal court
• Any time formal dispute proceedings under IDEA are active

Stay-put does not apply if:

• You have not yet filed any formal complaint or due process request (you are just in disagreement at the CCC level)
• The proposed change is the initial placement (there is no prior agreed placement to "stay in")
• A hearing officer has already ordered a different placement as part of a decision

The critical distinction: stay-put only works if you have formally initiated a legal process. Expressing disagreement verbally at a CCC meeting does not trigger it. Filing for due process does.

What You Can Do When You Disagree with the IEP

Short of formal due process, Indiana families have several options when a CCC meeting ends without agreement:

Do not sign the IEP. You can leave the meeting without signing. The existing IEP stays in effect until you agree to changes. The school cannot implement a new IEP without your signature — and they cannot force you to sign.

Request Prior Written Notice. If the school proposes a change you disagree with, request a Prior Written Notice (PWN) in writing. The PWN must explain what they are proposing, why, what alternatives they considered, and what data supports the decision. This document becomes the evidentiary foundation for any future complaint or due process.

File a state complaint. If the school is implementing changes without your consent, or failing to provide services in the current IEP, file a complaint through the I-CHAMP system with the IDOE Office of Special Education. IDOE investigates within 60 calendar days. This is faster and less expensive than due process and appropriate for clear procedural violations.

Request mediation. Indiana offers voluntary mediation facilitated by a neutral mediator. Mediation is confidential, both parties must agree to participate, and agreements are legally binding. It is often the right intermediate step between CCC negotiation and due process.

Request an IEE. If you disagree with the evaluation underlying the IEP decision, request an Independent Educational Evaluation at district expense. A different evaluator may reach different conclusions, which strengthens your position in a subsequent CCC meeting or hearing.

The Disagreement on Record

When you disagree with an IEP but are not yet ready to file for due process, document your disagreement formally. Write a letter to the special education director stating:

• The specific provisions of the proposed IEP you disagree with
• The reasons for your disagreement (what data, evaluation findings, or prior observations support your position)
• That you are not consenting to the proposed changes
• That you request the existing IEP remain in effect

Send this by email so you have a date-stamped record. Follow up at the next CCC with your objections on the record.

Schools sometimes implement changes anyway once they believe a parent has no legal recourse. Documenting your disagreement formally puts the school on notice that they are proceeding without consent — which is itself a violation of Article 7.

The Discipline Exception to Stay-Put

There is one important exception to stay-put. When a student is being removed for disciplinary reasons — specifically for weapons, drugs, or causing serious bodily injury — the school can move the student to an Interim Alternative Educational Setting (IAES) for up to 45 school days even if you invoke stay-put. During that 45-day period, FAPE must continue.

For all other discipline situations, stay-put applies and the student must remain in the agreed placement (or be returned to it) while a Manifestation Determination and any resulting dispute proceed.

Getting Help in Indiana

IN*SOURCE (1-800-332-4433) can attend CCC meetings with you when placement disputes are on the agenda. Call before the meeting, not after the school has made a decision.

Indiana Disability Rights (IDR) (1-800-622-4845) provides legal advocacy when rights have been violated and can advise on whether your situation warrants due process.

For rural Indiana families, your Special Education Cooperative (NISEC, Wabash River, WCISSC, depending on your region) may have a parent liaison who can help navigate the CCC process before it reaches a formal dispute.

The Indiana IEP & 504 Advocacy Playbook walks through the full dispute resolution pathway — from expressing disagreement at a CCC through state complaint, mediation, and due process — with Indiana-specific timelines, sample letters, and guidance on when to escalate.

Get the complete toolkit for Indiana families

The Most Common Mistake

The most common mistake Indiana parents make when they disagree with an IEP: they leave the meeting upset, do nothing formal for several weeks, and then find that the school has begun implementing the new IEP they never agreed to.

If you disagree, act in writing within days. Document your position. Request PWN. Consult IN*SOURCE. The window for protecting your child's current placement closes quickly once the school moves forward.

See more United States homeschool guides →