John M. v. Board of Education of Evanston Township (7th Cir.). On June 22, 2007, COPAA filed an amicus curiae brief with the Seventh Circuit in John M. v. Board of Education. of Evanston Township, arguing that school district may not unilaterally reduce its stay-put obligation to the details expressly specified in the IEP, but must provide all services that are part of the child's then-current placement.

COPAA argued that stay put was vital because disrupting educational services to a child grappling with learning challenges will impede educational progress. By statute, services that are provided under the child's then-current placement must be provided under the stay-put. This means that child must continue to receive the same special education and related services used to implement the goals of the previously agreed-upon IEP.

The stay-put services are not limited to those recited in the IEP document. IDEA does not require the IEP to specify in writing every detail of a child's educational placement, and school districts may not ignore details not listed in the IEP. To hold otherwise would permit school districts to unilaterally write interim IEPs and circumvent the statutorily-mandated process of collaboration with the parent to determine the child's educational plan.

Moreover, the IDEA does not contain an exception permitting school districts to unilaterally change the methodology being provided in the child's then-current placement, COPAA's brief explained. IDEA is based upon collaboration between parents and school districts as equals. To hold that school districts need only provide services explicitly noted on the face of the IEP will encourage districts to avoid writing details into the IEP to maximize their freedom to choose not to provide services during stay-put.

A team of volunteer lawyers from Baker & McKenzie wrote COPAA's brief on a pro bono basis. They included Erin McCloskey Maus, Angela Vigil, Liquita Thompson, Julie Lehrman, and Christian Hallet. COPAA is deeply grateful for their outstanding work and dedication. The Baker lawyers were assisted by volunteers on COPAA's hard-working amicus committee.

Six other amici joined COPAA's brief, the National Disability Rights Network, the Center for Law and Education, Equip For Equality, TASH, the National Down Syndrome Congress and the National Down Syndrome Society. COPAA is grateful for the assistance that the co-amici provided.

COPAA's Brief is available here:

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