California OAH special education order · April 6, 2015
Order Granting Motion for Stay Put
OAH Case No. 2015040121 · ALJ Marian H. Tully
OAH granted Student's stay put motion, confirming the residential treatment center in the last implemented IEP as stay put, even though District said an order was unnecessary because it agreed.
Summary
Student filed a due process complaint and a motion for stay put. District filed an opposition. It agreed that Student's stay put placement is the residential treatment facility he attends under his last agreed-upon and implemented IEP, but argued no order was needed because there was no dispute. OAH granted the motion and ordered that Student's stay put placement is the residential treatment center in his last implemented IEP, because District conceded that was the last agreed and implemented placement.
Why it matters
Parents can get a formal stay put order even when the district agrees on the placement. A written order protects the student's current placement, here a residential treatment center, while the dispute is pending.
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
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. 2015040121 v. ORDER GRANTING MOTION FOR
STAY PUT
LOS ANGELES UNIFIED SCHOOL
DISTRICT.
Student filed a request for due process hearing and a motion for stay put on March 27,
2015. Los Angeles Unified School District filed an opposition April 1, 2015. District agrees
the stay put placement requested in Student’s stay put motion is the residential treatment facility Student continues to attend pursuant to the last agreed upon and implemented individualized education program. District contends no stay put order is required because there is no dispute as to Student’s stay put placement.
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 student's individualized education program (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
Student’s stay put placement is his last agreed upon and implemented placement which District concedes is the residential treatment center at which he is currently placed.
Accordingly, the motion for stay put is granted. Student’s stay put placement is the residential treatment center provided in his last implemented IEP.
IT IS SO ORDERED.
DATE: April 06, 2015 /S/
MARIAN H. TULLY
Administrative Law Judge Office of Administrative Hearings