California OAH special education order · November 6, 2015

Order for Supplemental Briefing and Documentation on Student's Motion for Stay Put

OAH Case No. 2015100950 · ALJ Lisa Lunsford

OAH deferred ruling on Student's stay put motion and ordered both sides to submit supplemental documentation and sworn declarations comparing Campbell's offer to Student's last implemented IEP from Moreland.

Ruling Stay put

Summary

Student, who is moving from a special day class in Moreland Elementary School District to high school in Campbell, asked OAH for a stay put order requiring Campbell to place Student in a Campbell special day class. Campbell opposed, arguing that its offer of a Santa Clara County Office of Education special day class on a Campbell high school campus is similar to Student's last placement. OAH found the parties' information too thin to decide how closely Campbell's offer matches the April 28, 2015 IEP. It ordered each side to file, within five business days, more documentation about the County program and sworn declarations supporting any factual claims.

Why it matters

When a student moves from an elementary district to a high school district, stay put turns on how closely the new offer matches the last implemented IEP. Parties should support their stay put motions and oppositions with detailed program descriptions and sworn declarations from the start.

Topics

stay put transition to high school inter-district transfer special day class supplemental briefing declarations

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. 2015100950 v. ORDER FOR SUPPLEMENTAL

BRIEFING AND DOCUMENTATION

CAMPBELL UNION HIGH SCHOOL ON STUDENT’S MOTION FOR STAY

DISTRICT. PUT

On October 28, 2015, Student filed a Motion for Stay Put. 1 Student’s supporting documentation was filed on November 2, 2015. Campbell Union High School District filed an opposition to Student’s motion on October 29, 2015, and a supplemental opposition on November 2, 2015.

Student last attended a special day class at Easterbrook Discovery School in the Moreland Elementary School District in the 2014-2015 school year. Student’s last implemented IEP is an April 28, 2015 IEP that was implemented by Moreland. Student is now transitioning to high school in the Campbell district. Student asserts that Campbell’s June 10, 2015 placement offer does not conform to the requirements of Student’s last implemented IEP. Student requests a stay put order requiring Campbell to place Student in a Campbell special day class. Campbell asserts that its offer, which includes a Santa Clara County Office of Education special day class on a Campbell high school campus, provides a program that is similar to Student’s last placement in Moreland in design and structure and serves students with similar needs as Student. The information provided by the parties is insufficient to determine, with any specificity, how closely Campbell’s offer approximates the last implemented IEP. Accordingly, additional information is required before a ruling may be made on the pleadings.

ORDER

Within five business days of this order, each party shall submit supplementary documentation regarding the similarities and/or differences between Campbell’s offer of placement and services and the April 28, 2015 IEP. This documentation should include more information about the Santa Clara COE program and how it is similar or different to the Student’s Request for Due Process Hearing filed on October 23, 2015, also included a motion for stay put.

April 28, 2015 IEP and Moreland placement. Each party shall include sworn declarations supporting any factual assertions included in its briefing.