California OAH special education order · April 12, 2013
Order Denying Motion for Stay Put
OAH Case No. 2013030056 · ALJ Robert Helfand
OAH denied Student's stay put motion without prejudice because the complaint only mentioned stay put in its caption and offered no facts or legal argument to support it.
Summary
Student's due process complaint against El Rancho Charter School and Orange Unified School District referred to a motion for stay put in its caption, but the complaint did not actually include any such motion. District opposed, arguing that Student had not met its burden because no facts or legal argument were offered. OAH denied the stay put request without prejudice because Student gave no grounds to support it.
Why it matters
Labeling a complaint as including a stay put motion is not enough. Parents must actually file a motion that identifies the last agreed-upon placement and explains why it should be kept in place. Because the denial was without prejudice, a properly supported motion can still be filed.
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. 2013030056
v. ORDER DENYING MOTION FOR
STAY PUT
EL RANCHO CHARTER SCHOOL AND
ORANGE UNIFIED SCHOOL DISTRICT.
On March 4, 2013, Parents on behalf of Student (Student) filed with the Office of Administrative Hearings (OAH) a Request for Due Process hearing (complaint) naming the El Rancho Charter School and the Orange Unified School (collectively referred to as District) as respondents. In the caption of the complaint, Student refers to a motion for stay put. The complaint omits any such motion.
On March 7, 2013, District filed an opposition to the motion on grounds that Student has failed to meet its burden, by failing to allege any facts or legal argument, to support the motion.
Since Student has failed to offer any grounds to support its motion, Student’s motion for stay put is DENIED without prejudice.
Dated: April 12, 2013 /s/
ROBERT HELFAND
Administrative Law Judge Office of Administrative Hearings