The Philadelphia Project


Law Center’s Use of Stay Put Provision Enables Kindergartner to Remain in School

K.R., a kindergarten student, sought assistance from the Law Center when Discovery Charter School in Philadelphia attempted to force him out of the school and into a highly restrictive environment exclusively for students with serious emotional disturbance. The charter school requested a due process hearing to obtain an IEP requiring the disenrollment of K.R. The Law Center obtained a “stay put” order under the IDEA, which permitted K.R. to remain in school during the pendency of the action. Although the hearing officer ruled in favor of the school on the merits, K.R. remained in the school while the case was appealed to federal court, because of the stay put order. In the following months, K.R. demonstrated significant behavioral improvements, to the point that his classroom teacher named him “student of the month.” Recognizing these improvements, the charter school discontinued its efforts to remove K.R. Therefore, K.R. was able to remain in the classroom with his peers and continue to grow to his potential as a result of the Law Center’s innovative use of the IDEA’s “stay put” provision.