California OAH special education order · August 20, 2013
Order Regarding Motion for Stay Put
OAH Case No. 2013071293 · ALJ Susan Ruff
OAH denied Parent's stay put motion because it lacked a valid proof of service on the District and did not include Student's most recent signed IEP; Parent may refile.
This case went to decision
Student v. Los Angeles Unified School District: Los Angeles Unified must provide school-to-school transportation for a first grader it moved to Lassen Elementary because of overcrowding. (2013)
Summary
Student's parent filed a stay put motion by letter, noting only "CC. Copy to LAUSD," and did not attach Student's most recent signed IEP. The District did not respond. OAH denied the motion because a proof of service must be signed under penalty of perjury and must state the date, address, and manner of service. Without the last signed IEP, or an agreement between the parties on what it said, OAH could not determine Student's stay put placement. Parent may file a new motion that includes the IEP and a proper proof of service.
Why it matters
Parents filing stay put motions without a lawyer must attach the last signed and implemented IEP and a signed proof of service. A note saying a copy was sent to the district is not enough, and a missing document can delay protection of the student's placement.
Key authority cited
- 20 U.S.C. § 1415(j)
- 34 C.F.R. § 300.518(a)
- Ed. Code, § 56505, subd. (d)
- Thomas v. Cincinnati Bd. of Educ. (6th Cir. 1990) 918 F.2d 618
- Cal. Code Regs., tit. 1, §§ 1008, 1022, subd. (b)
- Code Civ. Proc., § 1013a
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:
PARENT ON BEHALF OF STUDENT, OAH CASE NO. 2013071293
v. ORDER REGARDING MOTION FOR
STAY PUT
LOS ANGELES UNIFIED SCHOOL
DISTRICT.
On August 14, 2013, Student’s parent filed a motion for stay put. The motion did not include a proof of service on the Los Angeles Unified School District (District) and did not include a copy of Student’s most recent, signed individualized education program (IEP).
There has been no response to the motion by the District.
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); 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 pupil’s IEP, which has been implemented prior to the dispute arising. (Thomas v. Cincinnati Bd. of Educ. (6th Cir. 1990)
918 F.2d 618, 625.)
DISCUSSION
It is not clear from the file whether the District received notice of the motion for stay put. The motion for stay put was filed by letter. Written on the letter is the statement: “CC.
Copy to LAUSD.” That is not sufficient for a proof of service. A proof of service must be signed under penalty of perjury and must provide information such as the date the document was served, the address to which it was served, and the manner of service (in person, by mail, etc.). (See Cal. Code Regs., tit. 1, §§ 1008 and 1022, subd. (b); Code of Civil Procedure § 1013a.)
In addition, Student’s parent did not include a copy of the most recent, signed IEP with the motion. Without that document or an agreement by the parties as to what the last IEP stated, it is not possible to determine the appropriate stay put.
Therefore, the motion for stay put cannot be granted at this time. Student’s parent may file a new motion, as long as that motion includes a copy of the most recent, signed IEP and also includes a proof of service showing that the motion was served on the District.
ORDER
The motion is denied. Student’s parent, if he wishes, may file a new motion as discussed above.
Dated: August 20, 2013 /s/
SUSAN RUFF
Administrative Law Judge Office of Administrative Hearings