California OAH special education order · August 15, 2014
Order Denying Student's Request to Delay Stay Put Decision
OAH Case No. 2014080277 · ALJ Robert Helfand
OAH denied Student's request to delay a stay put ruling as moot because OAH had already decided the stay put motion the day before.
Summary
Student filed a stay put motion against LAUSD. LAUSD opposed it, arguing that the program in the last agreed IEP had been replaced by a new program, and OAH denied the motion on August 14, 2014. Student then asked OAH to delay its stay put decision, saying the new program had no teacher assigned for one week. OAH denied the request as moot because the motion had already been decided, but noted that Student could still file a motion for reconsideration.
Why it matters
Once OAH has ruled on a stay put motion, a request to delay that ruling cannot be granted. A party who has new facts, such as a staffing gap in the new program, should file a motion for reconsideration instead.
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. 2014080277 v. ORDER DENYING STUDENT’S
REQUEST TO DELAY STAY PUT
LOS ANGELES UNIFIED SCHOOL DECISION
DISTRICT.
On August 4, 2014, Parent on behalf of Student filed with the Office of Administrative Hearings a Request for Due Process Hearing naming the Los Angeles Unified School District as respondent. Also on August 4, 2014, Student filed a motion for stay put.
On August 12, 2014, LAUSD filed an opposition on grounds that the program called for in the last agreed IEP had been replaced by a new program. On August 14, 2014, OAH, by the undersigned, issued an order denying Student’s motion. Following the issuance of the order, Student filed a Request to Delay Stay Put Decision. Student contends that the new program currently does not have a teacher assigned for a one week period.
Because OAH has ruled on Student’s stay put motion, his request to delay ruling on the motion is moot. Student is not precluded from filing a motion for reconsideration.
ORDER
Student’s Request to Delay Stay Put Decision is denied as moot.
DATE: August 15, 2014
/S/
ROBERT HELFAND
Administrative Law Judge Office of Administrative Hearings