California OAH special education order · August 11, 2015
Order Directing Parties to Submit Documents
OAH Case No. 2015071255 · ALJ Robert Helfand
OAH ordered both parties to submit the March 12, 2014 and March 5, 2015 IEPs to decide Student's stay put reconsideration motion, because Student's filings named different IEPs as the last implemented one.
This case went to decision
Student v. San Dieguito Union High School District (consolidated): San Dieguito Union must reassess a student with autism after unsafe incidents at Oak Crest; placement claims denied. (2016)
Summary
OAH had denied Student's stay put motion, and Student then asked for reconsideration. In the reconsideration motion, Student said the last agreed-to and implemented IEP was the March 12, 2014 IEP. In the original motion, Student had named the March 5, 2015 IEP. San Dieguito argued the last consented-to IEP was the March 5, 2015 IEP from Student's former district, Encinitas Union Elementary District, so OAH directed both parties to send copies of both IEPs within three days to resolve the question.
Why it matters
Stay put depends on correctly identifying the last agreed-upon and implemented IEP. Taking inconsistent positions on which IEP that is can stall or weaken a stay put request, so families should attach the actual IEP documents from the start.
People named in the order
- Rachel Page, San Dieguito program specialist (declarant)
- Dorothy Guenter, San Dieguito program specialist (declarant)
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. 2015071255 v. ORDER DIRECTING PARTIES TO
SUBMIT DOCUMENTS
SAN DIEGUITO UNION HIGH SCHOOL
DISTRICT.
On July 21, 2015, Parents on behalf of Student filed a motion for stay put. On July 24, 2015, San Dieguito Union High School District filed an opposition to the motion.
San Dieguito supported its opposition by attaching declarations by Rachel Page and Dorothy Guenter, San Dieguito program specialists.
On July 31, 2015, OAH issued an order denying Student’s motion for stay put.
On August 10, 2015, Student filed a motion for reconsideration. In the reconsideration motion, Student contends that the last consented to and implemented IEP was the March 12, 2014 IEP. But in Student’s motion, he contended that the last implemented IEP was the March 5, 2015 IEP. In its opposition, San Dieguito contended that the last consented to IEP was the March 5, 2015 IEP which was held by Student’s former district, Encinitas Union Elementary District.
To clear up which IEP is the last consented to and implemented IEP, the parties are directed to forward to OAH a copy of the March 12, 2014 and March 5, 2015 IEP’s within three days from the date of this order.
DATE: August 11, 2015
/ S/
ROBERT HELFAND
Administrative Law Judge Office of Administrative Hearings