As of June, 2008, state regulations were modified to incorporate pendent placement (stay-put status) for a child during mediation proceedings. These regulations include 22 Pa. Code Chapters 14.162 (s) and 711.62 (e) (State Special Education Regulations).
Mediation remains a voluntary option for parents and local education agencies (LEAs). However, if a parent requests mediation through the Office for Dispute Resolution within ten calendar days of receipt of a NOREP recommending a change in the students placement, the law now requires that the student remain in the current educational program, unless the parent and LEA agree otherwise. (Disciplinary changes in placement as outlined in 34 CFR 300.530 (c) and (g) are not covered by pendency during mediation.)
For more information on stay-put status, go to the following links:
Stay-Put During the Mediation Process (English) Stay-Put During the Mediation Process (Español)
FAQ’s regarding Pendency during Mediation (English) FAQ’s regarding Pendency during Mediation (Español)
PennLink
This communication discusses the relationship of the special education mediation process to the maintenance of the current educational placement of a child with a disability and encourages timely response to mediation requests.
