California OAH special education order · April 3, 2013

Order Regarding Stay Put

OAH Case No. 2013031004 · ALJ Margaret Broussard

OAH declined to issue a stay put order because Student's complaint never actually argued for stay put, and a denial of stay put in a related District case already controls Student's placement.

No stay put order issued Stay put

This case went to decision

Student v. West Contra Costa Unified School District (consolidated): West Contra Costa Unified wins every issue; parents must allow triennial testing without the mother observing. (2013)

Summary

Student titled the due process complaint as both a hearing request and a request for stay put, and District filed an opposition. The ALJ found that the body of the complaint never mentioned or argued for stay put. The ALJ also noted that ALJ Charles Marson had already denied Student's stay put motion in a related case District filed (OAH Case No. 2013030286) on April 2, 2013. Because that order controls Student's stay put placement in all special education matters between the parties, no separate stay put order was issued.

Why it matters

Putting "stay put" in a complaint's title is not enough; the request must be made and argued in the body of the filing. Once OAH rules on stay put in one case, that ruling governs the student's placement across related cases, so a family cannot get a second ruling simply by filing a new complaint.

Key authority cited

  • 20 U.S.C. § 1415(j)
  • 34 C.F.R. § 300.518(a)
  • Ed. Code, § 56505, subd. (d)

People named in the order

  • Charles Marson, Administrative Law Judge who denied stay put in related Case No. 2013030286

Topics

stay put related cases pleading requirements current placement

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:

PARENT ON BEHALF OF STUDENT, OAH CASE NO. 2013031004

v. ORDER REGARDING STAY PUT

WEST CONTRA COSTA UNIFIED

SCHOOL DISTRICT.

Student filed a request for a due process hearing (Complaint) in this matter on March 26, 2013. Student titled the Complaint as both a request for due process hearing and a request for “stay put.” Stay put entitles a special education pupil 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); Ed. Code, § 56505, subd. (d).) The West Contra Costa Unified School District (District) filed an opposition to Student’s claimed motion for stay put on April 2, 2013. However, there is no mention of any request for stay put or argument for stay put anywhere in the body of Student’s Complaint.

There is another case between the parties that was filed by District on March 11,

2013. That case bears Office of Administrative Hearings (OAH) Case Number 2013030286.

Student filed a motion for stay put in Case Number 2013030286 that was received by OAH on March 25, 2013. The District filed an opposition on March 22, 2013. Administrative Law Judge Charles Marson issued an order denying Student’s motion for stay put on April 2,

2013. That order controls the stay put placement of Student at this time in all special

education matters.

Therefore, no stay put order will be issued in this matter.

Dated: April 03, 2013 /s/

MARGARET BROUSSARD

Administrative Law Judge Office of Administrative Hearings