California OAH special education order · February 26, 2013
Order Granting Motion for Stay Put
OAH Case No. 2013020663 · ALJ Adeniyi Ayoade
OAH granted Student's unopposed stay put motion, ordering District to keep providing the placement and services in the February 12, 2013 IEP because District did not dispute it was the last implemented placement.
This case went to decision
Student v. Coronado Unified School District: Coronado Unified was not responsible for two brothers while their family lived outside the district, but was responsible from January 13, 2013. (2013)
Summary
Student asked for a stay put order, alleging District had stopped implementing the placement in his February 12, 2013 IEP. District did not respond or oppose. OAH found that, on the record provided, the February 12, 2013 IEP was Student's last agreed-upon and implemented placement. It ordered District to continue that placement and those services while the due process case is pending.
Why it matters
If a district stops following the last agreed and implemented IEP after a dispute starts, a stay put motion can quickly restore services. A district that does not oppose the motion risks OAH accepting the student's account of the placement.
Key authority cited
- 20 U.S.C. § 1415(j)
- 34 C.F.R. § 300.518(a)
- Ed. Code, § 56505, subd. (d)
- Cal. Code Regs., tit. 5, § 3042
- Thomas v. Cincinnati Bd. of Educ. (6th Cir. 1990) 918 F.2d 618
Topics
Full text of the order
Published text of the OAH order. Page headers and numbers from the original PDF have been dropped.
BEFORE THE
OFFICE OF ADMINISTRATIVE HEARINGS
STATE OF CALIFORNIA
In the Matter of:
PARENTS ON BEHALF OF STUDENT, OAH CASE NO. 2013020663
v. ORDER GRANTING MOTION FOR
STAY PUT
CORONADO UNIFIED SCHOOL
DISTRICT.
On February 19, 2013, Student filed a motion for stay put. District has neither responded nor filed an opposition to motion.
APPLICABLE LAW
Until due process hearing procedures are complete, a special education student is entitled to remain in his or her current educational placement, unless the parties agree otherwise. (20 U.S.C. § 1415(j); 34 C.F.R. § 300.518(a) (2006) 1; Ed. Code, § 56505 subd.
(d).) This is referred to as “stay put.” For purposes of stay put, the current educational placement is typically the placement called for in the student's individualized education program (IEP), which has been implemented prior to the dispute arising. (Thomas v.
Cincinnati Bd. of Educ. (6th Cir. 1990) 918 F.2d 618, 625.) In California, “specific educational placement” is defined as “that unique combination of facilities, personnel, location or equipment necessary to provide instructional services to an individual with exceptional needs,” as specified in the IEP. (Cal. Code Regs., tit. 5, § 3042.)
All references to the Code of Federal Regulations are to the 2006 edition, unless otherwise indicated.
DISCUSSION
Student is entitled to remain in his last agreed upon and implemented placement while a dispute is pending, and an order for stay put is generally not required unless a dispute over placement exists. In his compliant, Student alleges that a dispute over placement currently exists, as District has stopped implementing his last agreed upon and implemented placement as provided in the IEP dated February 12, 2013.
Based on the information provided by the Student in support of the motion, Student’s last agreed upon and implemented placement is contained in the February 12, 2013 IEP.
District has not disputed this fact. Therefore, based on the available record, Student is entitled to remain in the placement and services provided for in his last agreed upon and implemented IEP dated February 12, 2013 while the request for due process hearing is pending. Accordingly, Student’s motion for stay put is granted.
ORDER
Student’s motion for stay put is granted. Student shall continue to receive the specific educational placement and services as contained in the February 12, 2013 IEP during the pendency of this dispute.
Dated: February 26, 2013 /s/
ADENIYI AYOADE
Administrative Law Judge Office of Administrative Hearings