California OAH special education order · May 6, 2016
Order for Supplemental Briefing on Motion for Stay Put
OAH Case No. 2016041016 · ALJ Caroline A. Zuk
OAH deferred ruling on Student's stay put motion and ordered both sides to submit facts, transcripts, diploma information, and briefing on whether a non-attorney advocate could rescind Parent's consent.
This case went to decision
Student v. Benicia Unified School District: Benicia Unified unlawfully graduated a certificate-track student without notice; it must restore Bridge program hours and pay $11,325 for IEEs. (2017)
Summary
Student asked OAH for a stay put order keeping him in a certificate of completion and adult transition program. District opposed. It argued that Student and Parent, through educational consultant Linda Geller, had rescinded consent to the certificate track, and that Student had met the requirements for a regular diploma and was no longer eligible for special education. Before ruling, the ALJ ordered both parties to provide, by May 13, 2016, with sworn declarations: the dates Student attended the adult transition program, a legible transcript with an explanation of the "(R/D)" notation, whether and how a diploma was awarded, and legal briefing on whether a non-attorney advocate can give or rescind informed written consent.
Why it matters
A district's claim that a student has already earned a regular diploma can defeat stay put, so families should be ready to document what program the student was actually in and whether a diploma was formally awarded. The order also flags a real question about whether a non-attorney advocate can legally give or withdraw consent on a parent's behalf.
Key authority cited
- A.T. v. East Whittier City School District, No. CV 10-10030-GHK(Ex) (C.D. Cal. May 4, 2012)
- J.L. v. Downey Unified School District, No. CV 12-2285-GW(SSx)
People named in the order
- Linda Geller, Educational consultant/advocate for Student and Parent
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. 2016041016 v. ORDER FOR SUPPLEMENTAL
BRIEFING ON MOTION FOR STAY
BENICIA UNIFIED SCHOOL DISTRICT. PUT
On April 18, 2016, Student filed a motion for stay put, asserting that his stay put placement should be a certificate of completion/adult transition program. On April 21, 2016, District filed an opposition to the motion for stay put, asserting that Student and parent, through educational consultant Linda Geller, had rescinded parent’s prior written consent to a certificate of completion track program, and that Student was no longer entitled to special education, because he had satisfied the requirements for a regular high school diploma.
Student’s due process complaint alleges that District unilaterally and unlawfully changed Student’s program from a certificate of completion track to a diploma track without Student’s or Parent’s valid, written consent.
The undersigned has reviewed the parties’ arguments and supporting materials and seeks supplemental information and briefing as set forth below.
ORDER
No later than 5:00 p.m. on May 13, 2016, each party shall provide:
1) The beginning and ending dates for when Student participated in the Solano County Office of Education’s adult transition program, also referred to as the Benicia Bridge Program;
2) A legible copy of Student’s official high school transcript, and information regarding the meaning of the notation “(R/D)” next to certain courses on the transcript, dated February 2016;
3) Information on whether District has, in fact, awarded Student a regular high school diploma and, if so, the date that District provided Student with the diploma, and how it was awarded to him; and 4) Briefing on the legal authority for a non-attorney advocate, such as Ms. Geller, to provide or rescind valid, informed written consent regarding a student’s free appropriate public education on behalf of a student or parent, including discussion of the applicability of the May 4, 2012 decision of the United States District Court for the Central District of California in A.T. v. East Whittier City School District, case number CV 10-10030- GHK(Ex), and a ruling in J.L. v. Downey Unified School District, case number CV 12-2285- GW(SSx) to Student’s motion for stay put and District’s opposition.
5) Each party shall include sworn declarations supporting any factual assertions included in its briefing.
IT IS SO ORDERED.
DATE: May 06, 2016
CAROLINE A. ZUK
Administrative Law Judge Office of Administrative Hearings