California OAH special education order · October 20, 2014
Order Requesting Additional Information Regarding Motion for Stay Put
OAH Case No. 2014100301 · ALJ Ted Mann
OAH put off ruling on Student's opposed stay put motion and ordered both sides to file complete, legible copies of the IEP and IEP amendment because the filings were incomplete.
Summary
Student filed a motion for stay put with his due process complaint. District opposed it, and Student filed a reply. Both sides relied on an IEP and a February 11, 2014 amendment, but neither filed the complete documents, and the one IEP page provided was hard to read. OAH said it could not rule without the full documents and ordered both parties to submit complete, legible copies of the May 22, 2013 IEP and the February 11, 2014 amendment by October 24, 2014.
Why it matters
A stay put motion depends on the last agreed-upon IEP, so the moving party should attach the complete, legible IEP and every amendment it relies on, or the ruling will be delayed.
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. 2014100301
v. ORDER REQUESTING ADDITIONAL
INFORMATION REGARDING
ELK GROVE UNIFIED SCHOOL MOTION FOR STAY PUT
DISTRICT.
On October 9, 2014, Student filed a motion for stay put, along with his Request for a Due Process Hearing. On October 10, 2014, District filed an opposition to the motion for stay put. On October 15, 2014, Student filed a reply to District’s opposition.
Both Student’s motion and District’s opposition reference the May 22, 2014 IEP.
However, the complete IEP is not included in either Student’s or District’s filings.
Additionally, the one page provided of the May 22, 2014 IEP is of poor copy quality.
In opposition, District references a February 11, 2014 amendment to the May 22, 2013 IEP. However, the complete document was not submitted, including a “page 1” that is referenced in a hand-written note regarding agreement to the IEP.
OAH presently lacks the complete documents necessary to rule on Student’s request for stay put. As such, both Student and District are ordered to submit complete, legible copies of the May 22, 2013 IEP and the February 11, 2014 amendment to the May 22, 2013 IEP by the close of business on Friday, October 24, 2014.
DATE: October 20, 2014
/ S/
TED MANN
Administrative Law Judge Office of Administrative Hearings