D.C. Letter 6: The Pendency Demand
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Correspondence. District of Columbia. Cross references: DC-Tool 5; DC-1 through DC-12, DC-9.
When to Use It
Use this letter as soon as you file a due process complaint, if you want your child to remain in, or be funded in, the current placement while the case is pending. D.C. backs stay-put with an explicit SEA funding guarantee, written directly into the D.C. Code, for the last agreed-upon nonpublic placement; New York has no comparable statute naming the state education agency as guarantor, though New York's own funding obligation during pendency still exists, it runs to the local school district under case law rather than the state, and it is fact-specific, so do not assume it is absent (D.C. Code 38-2561.05(b), checked August 13, 2026). The guarantee tracks administrative and judicial review in the trial court; it does not automatically extend through a further appeal to the D.C. Circuit without a fresh injunction motion.
Locked on this page · what membership adds
- The Letter
- Before You Send
Finish this packet document and download the editable file
The full D.C. Hearing Room - the step-by-step moves for the ordinary IDEA due process hearing in Washington, D.C., the scripts, the packet documents, and the District of Columbia overlay - is its own membership, separate from the Field Manual membership and the Hearing Room membership.
The D.C. Hearing Room membership opens soon.