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Pendency is one of the least explained words in New York City special education. Families usually meet it after filing for an impartial hearing, when a letter or order uses the word without saying what it means for their child day to day. This guide explains it in plain words, using the NYC Public Schools' own definition, and covers what to watch while a case is open.
The definition
The NYC Public Schools glossary says that when a parent or the DOE requests an impartial hearing, the child is entitled to remain in his or her "last agreed upon placement" until the impartial hearing process, including all appeals, is complete. That placement is called pendency. Outside New York it is often called "stay-put".
The idea is stability. While the two sides disagree, the child keeps receiving what was last agreed, rather than losing services or being moved while the case is decided.
What "last agreed upon placement" usually means
It is the program and services that were last agreed to before the dispute started. Often that is the last IEP the parent did not challenge. It can also come from an earlier hearing decision or a settlement. Which document controls is a question the hearing officer decides when it is disputed, so it is worth knowing which papers you have: the IEPs, any past orders, and any signed agreements. Our guide to organizing IEP records helps with that.
Pendency orders
A hearing officer can issue a pendency order that states what the child's pendency placement and services are. The NYC Public Schools list pendency orders among the orders handled by the Impartial Hearing Order Implementation Unit, the office that works to carry out hearing orders. Read any pendency order the same way you would read a final order: what services, how often, from when. See how to read your order.
What to watch while a case is open
- Are the pendency services actually happening? A pendency placement only helps if the sessions take place. Keep the same dated record you would keep for the IEP.
- Do you know who is paying or providing? Some pendency services come from the school, some from an independent provider. Ask in writing if it is unclear.
- Is anyone changing the program? If the school proposes a change while the case is open, ask how it fits with pendency, and check for prior written notice.
- Are you keeping copies? Save every order, email and letter about the case in one place.
How pendency relates to compensatory services
They answer different questions. Pendency is about what the child receives while the case is decided. Compensatory services are about making up for services that were required and not provided. A case can involve both. If pendency services are missed, that is also worth recording, because it may matter later.
Where to get help with it
Pendency questions can turn on details, such as which document was last agreed and when the case was filed. If you have a case open, the person handling it is the right one to ask. If you are deciding whether to get help, see advocate or attorney and what an impartial hearing is. You can also ask for a free callback; there is no cost to you, now or later.
Official source: NYC DOE: special education glossary (pendency).
Last reviewed: October 2026
