California OAH special education order · June 22, 2017
Order Denying Motion for Stay Put
OAH Case No. 2017020034 · ALJ Judith Pasewark
OAH denied Student's stay put motion to block issuance of her high school diploma as moot, because Enovate had sworn to withhold the diploma pending the due process case, so no dispute existed.
Summary
Student's advocate demanded stay put to stop Enovate from issuing Student a regular high school diploma, and Student then filed a stay put motion. Enovate opposed, noting Student had met all graduation requirements, had been accepted to a four-year college, and needed transcripts showing graduation to enroll. OAH found the issue moot because Enovate had pledged by sworn declaration not to issue the diploma while the case is pending, so there was no current dispute. OAH said Student could file a more specific stay put request if a dispute arises over her placement and services.
Why it matters
Stay put applies automatically during a due process case, and OAH generally will not issue a stay put order unless the parties actually disagree about the placement. A stay put motion should describe the specific dispute and the exact placement and services to be maintained.
Key authority cited
- 20 U.S.C. § 1415(j)
- 34 C.F.R. § 300.518(a)
- Ed. Code, § 56505, subd. (d)
- Cal. Code Regs., tit. 5, § 3042, subd. (a)
- 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. 2017020034 v. ORDER DENYING MOTION FOR
STAY PUT
ENOVATE U.S.C HYBRID HIGH
SCHOOL AND LOS ANGELES UNIFIED
SCHOOL DISTRICT.
On June 8, 2017, Student filed a motion for stay put. On June 13, 2017, Enovate U.S.C. Hybrid High School an opposition on the ground that Student had met all graduation requirements and had been accepted into a four-year college for the 2017-2018 school year.
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, which has been implemented prior to the dispute arising. (Thomas v. Cincinnati Bd. of Educ. (6th Cir. 1990) 918 F.2d 618, 625.)
In California, “specific educational placement” is defined as “that unique combination of facilities, personnel, location or equipment necessary to provide instructional services to an individual with exceptional needs,” as specified in the IEP. (Cal. Code Regs. tit. 5, § 3042, subd. (a).)
DISCUSSION
Pursuant to Enovate’s declaration: (1) Student has met all high school graduation requirements; (2) Student has been accepted into multiple four-year colleges; (3) Student intends to attend California State University Long Beach for the 2017-2018; (4) Student participated in graduation ceremonies on June 10, 2017; and failure to provide high school transcripts indicating graduation will jeopardize Student’s admission to college. Nevertheless on June 3, 2017, Student’s Advocate invoked a demand for stay put to enjoin Enovate from issuing Student her regular high school diploma. Enovate has pledged by sworn declaration to refrain from providing Student with a regular high school diploma unless a stay put motion is decided in its favor. Enovate has not filed a Motion to Determine Stay Put, therefore, no motion can be granted in its favor.
Student is entitled to remain in her last agreed upon and implemented placement while a dispute is pending and an order for stay put is generally not required unless a dispute exists. Therefore the issue is moot. Here, Enovate has refrained from issuing Student a regular high school diploma pending further rulings in Student’s request for due process complaint; therefore there is no dispute over issuance of the diploma at this time.1 The motion for stay put is denied.
ORDER
The motion for Stay Put is denied.
IT IS SO ORDERED.
DATE: June 22, 2017
JUDITH PASEWARK
Administrative Law Judge Office of Administrative Hearings Student is entitled to remain in her last agreed upon and implemented placement while a dispute is pending and an order for stay put is generally not required unless a dispute exists. Student has not alleged whether a dispute exists as to Student’s placement and services while the dispute is pending. If there is a dispute that exists as to that placement, Student may file a request for stay put with more specificity as to the nature of the dispute and the terms of stay put. .