In W.R. and K.R. exrel. H.R. v. Union Beach Board of Education, 53 IDELR 234 (D.N.J. 2009), the U.S. District Court in the District of New Jersey determined parents of a 10-year old with multiple disabilities could not invoke the IDEA's stay-put provision. Although his parents preferred one-on-one instruction in the area of language arts, the district changed his service from this model to small group instruction with two other students. An administrative law judge later ordered the district to return to the one-on-one model and the parents requested stay-put when the district sought a reversal of the decision. The court determined stay-put could not be invoked since no fundamental change in placement took place and the student's IEP and classes were for the most part similar.
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