In OneLaw’s September newsletter, Legal Assistant Madalyn Caiado shares insight into the right of special education parents in Massachusetts to invoke “stay put”, or placement pending appeal; we congratulate Attorney Fahim Gulamali for recently being admitted to practice in the United States District Court of Massachusetts and receiving impressive testimonials from clients; we announce the resumption of monthly virtual seminars for special education advocates and educational consultants and the addition of weekly office “clinics” where members of OneLaw’s Education Law team review recent BSEA decisions, discuss ongoing cases, and share tips and strategies with each other; we encourage everyone to consider creating or updating your estate plan; and we profile MassAbility, the Massachusetts state agency that supports adolescents and adults with disabilities in connection with independent living.
Read the full September 2026 newsletter HERE.
A text version is below.
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** September 2026
After a hiatus, we are back with our monthly newsletters!
Hopefully you had an enjoyable summer. Team OneLaw embarked on an inaugural summer outing to Provincetown and had a great time.
Now we are firmly Back to School, and transitioning into fall after surviving the recent nor’easter. Based on a completely informal poll, the favorite fall drink in the office is a pumpkin spice latte and favorite fall experience is apple picking. What are yours?
In our newsletter this month, Legal Assistant Madalyn Caiado shares insight into the right of special education parents and students in Massachusetts to invoke “stay put”, or placement pending appeal. This is a significant and valuable right to protect a student’s last accepted placement when a school district proposes a change that parents do not feel is appropriate.
Congratulations to Attorney Fahim Gulamali for recently being admitted to practice in the United States District Court of Massachusetts. He also received two impressive testimonials from clients, which I have shared below. We periodically receive reviews from clients. Feel free to reach out to me or post online if you want to share your own.
As part of our Education Law practice, we have resumed monthly virtual seminars for special education advocates and educational consultants. If you do not get our announcements, reach out and we can add you to our referral and communication list. In addition we have weekly “clinics” in the office, where our team reviews recent BSEA decisions, discusses ongoing cases, and shares tips and strategies with each other.
On another note, we encourage everyone to consider creating or updating your estate plan. Contact us today for an estate planning consultation.
Finally, we profile MassAbility, the Massachusetts state agency that supports adolescents and adults with disabilities in connection with independent living.
As always, OneLaw is dedicated to serving the personal legal needs of families and individuals across a variety of practice areas. Let us know how we can help you. Visit our website (https://www.one-law.us) or give us a call at 617-831-4355.
Peter A. Hahn, Esq. Principal Attorney
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The Right to Stay Put in Special Education: Why Placement Pending Appeal Matters
by Madalyn Caiado
What is “stay put” and why does it matter in special education?
When a parent and school district disagree about a child’s special education program, the question arises what will happen to the child’s placement while the dispute is being resolved. The answer under federal and Massachusetts state law is something known as “stay put”, or placement pending appeal. Stay put prevents program change or reductions in services. Importantly, it also gives parents time to make an informed decision. Disputes over special education services can take months to resolve. Without stay put, a school district could implement changes to services or placement immediately, even if those changes are later found to be inappropriate. Stay put is a legal protection that comes from the Individuals with Disabilities Education Act (IDEA). Stay put applies to more than the assigned school or type of placement, it includes programming in the IEP such as accommodations, goals, services, and extended school year. Under federal law, a student can remain in their current educational placement during a dispute between parents and a school district. See, e.g., 20 U.S.C. § 1415(j) & 34 C.F.R. § 300.518. In other words, the district cannot unilaterally change a child’s educational placement. The current placement is generally understood as the last agreed upon placement that was actually implemented. Massachusetts follows a similar law through its own special education regulations. See, e.g., 603 CMR 28.08(7).
How do you invoke stay put?
The key difference between federal and state regulations is when parents can utilize stay put. Under federal law, stay put is triggered once parents have filed a due process complaint at the Bureau of Special Education Appeals (BSEA). Under Massachusetts law, parents can assert stay put once they file at the BSEA or when they reject an IEP, in whole or in part. If a district proposes changes to a child’s placement or finds a child is no longer eligible for services, parents can utilize stay put to maintain the existing program as specified in the last accepted or partially accepted IEP. This is commonly done through the IEP response. One caveat is that if this is the first IEP offered to the student, there is no stay put right because there is no previously accepted placement or programming to maintain. Stay put is designed to protect students from disruption during periods of disagreement between families and school districts about special education placement and IEPs. It is an important and valuable right.
Like many areas of special education, its application should be straightforward but can be disputed. If you have questions about stay put or navigating the special education process, OneLaw is here to support you and help you understand your rights.
Madalyn Caiado is a Legal Assistant in OneLaw’s Education Law practice.
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Testimonials for Attorney Fahim Gulamali
“My family and I first heard of the OneLaw offices after an incident at school, and we needed an attorney for advice. Fahim Amin Gulamali met us with extreme care and an immediate willingness to support us through both legal and school-related matters. He worked diligently to acquire as much information and as many avenues as possible, with an endless flow of communication and constant updates. While he flawlessly executed all of the logistical and legal interactions, what most intrigued us was his willingness to support us on a deeper level. He seemed to share the same discomfort we felt, especially never making us feel like we were disregarded. He approached the conflict with a high level of determination to arrive at the best conclusion possible. His dedication and commitment went above and beyond, and I would highly recommend his services to anyone seeking exceptional legal representation.”
“Fahim assisted our family with securing an out of district special education contract for our child. He was very responsive each step of the way and with his counsel we were able to achieve the desired outcome without having to enter into any contentious or lengthy legal process with the district.”
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Time to update your estate plan? Have you been meaning to draft your will? In need of a health care proxy or power of attorney? Or a trust to manage your assets or for someone with special needs? Contact OneLaw for a consultation.
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MassAbility is a Massachusetts state agency tasked with empowering people with disabilities to live life on their own terms. Their programs and services expand possibilities in careers and vocational training, independent living at home and in the community, assistive technology, and legal rights and benefits – including disability determination for federal programs. Services are available to qualifying individuals with disabilities as young as 14 years old and through adulthood. Visit their website here: MassAbility (https://www.mass.gov/orgs/massability).
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OneLaw represents clients in education, estate planning, residential real estate, civil rights, disability, family law, criminal and victim rights, special needs planning, guardianship, Juvenile Court, child welfare, probate administration, Title IX, HPO/RO, and related matters.