Stay-Put Means Exactly What the Last Agreed-Upon IEP Says

What Happened

A 20-year-old student with autism and intellectual disability was in a young adult transition program. His parents had not consented to proposed new IEPs from October 2022 and March 2023, which triggered stay-put rights under his last agreed-upon IEP from 2019.

That 2019 IEP required three specific things: door-to-door transportation, a one-to-one aide during the school day, and specific behavior services.

LAUSD failed to provide at least two of those for significant periods during the 2022-2023 school year.

What the District Did Wrong

No aide for three weeks. At the start of the 2022-2023 school year, the student did not have his one-to-one aide for approximately three weeks. For a student with autism and intellectual disability who had a documented history of elopement behavior, this was a serious safety issue, not just a service gap.

Wrong kind of transportation. The stay-put IEP required door-to-door transportation — meaning the driver picks up and drops off at the student's front door. LAUSD provided only curb-to-curb service. For this student, who could not safely navigate from the curb to his door without supervision, the difference was not administrative — it was a safety risk.

Inadequate proposed IEPs. The October 2022 and March 2023 IEPs that the parents rejected contained goals that were not measurable and transition plans that were inadequate for a student approaching the end of his eligibility.

What the Judge Found

ALJ Kara Hatfield found that LAUSD materially failed to implement the stay-put IEP:

"Los Angeles Unified's failure to provide Student with a one-on-one aide for approximately three weeks constituted a material failure to implement Student's stay-put placement."

The ALJ also found problems with both proposed IEPs, including unmeasurable goals and deficient transition planning.

What Was Ordered

• 60 hours of compensatory education in academic instruction and/or transition services from an independent provider
• 20 hours of compensatory education in behavior services from an independent provider
• LAUSD must convene an IEP meeting within 30 days to develop an appropriate transition plan
• All compensatory hours available through the end of the 2024-2025 school year

Why This Matters for Parents

Stay-put is not a suggestion — it is a legal mandate. When you do not consent to a new IEP, the district must implement the last agreed-upon IEP exactly as written. Every service, every support, every accommodation — including the type of transportation (door-to-door vs. curb-to-curb).

Key takeaways:

• Even short gaps matter. Three weeks without an aide was enough to constitute a material failure to implement. You do not need to show months of deprivation.
• Details matter. Door-to-door transportation is not the same as curb-to-curb. If your child's IEP specifies a particular type of service, the district must provide that exact type.
• Document everything from day one. The parent here could show exactly when the aide started and when transportation changed because they tracked it. Keep your own records — do not rely solely on the district's.

If the district is not implementing your child's stay-put IEP, put your concerns in writing immediately. Every day of non-implementation is a potential FAPE denial that can support a compensatory education claim.