California OAH special education order · June 2, 2017
Order Granting Motion for Stay Put
OAH Case No. 2017051053 · ALJ Marian H. Tully
OAH granted Student stay put in the 2016-2017 IEP placement because Student's complaint disputes District's plan to award a regular high school diploma.
Summary
Student moved for stay put while challenging District's plan to award Student a regular high school diploma. District opposed, and Student filed a reply. OAH found a real dispute over graduation, and District admitted the 2016-2017 IEP was the last implemented IEP. OAH ruled that Student stays in the placement implemented during the 2016-2017 school year while the due process case is pending.
Why it matters
Filing due process to challenge a planned graduation can keep a student in the last implemented IEP placement while the case is pending, instead of exiting special education with a diploma.
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. 2017051053 v. ORDER GRANTING MOTION FOR
STAY PUT
CHAFFEY JOINT UNION HIGH SCHOOL
DISTRICT.
On May 23, 2017 , Student filed a motion for stay put. On May 26, 2017, District filed an opposition. On May 28, 2017, Student filed a reply to District’s opposition.
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)1; 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
Student is entitled to remain in his last agreed upon and implemented placement while a dispute is pending. Here, Student’s complaint alleges District should be prohibited from awarding Student a regular high school diploma. District admits that Student’s IEP would be the IEP implemented during the 2016-2017 school year. Accordingly, there is a dispute as to Student’s graduation and his stay put placement would be the 2016-2017 IEP.
All references to the Code of Federal Regulations are to the 2006 edition, unless otherwise indicated.
The motion for stay put is granted.
ORDER
1. Student is entitled to stay put during the pendency of this due process proceeding.
2. Student’s stay put placement during the pendency of this due process proceeding
will be the placement implemented during the 2016-2017 school year.
IT IS SO ORDERED.
DATE: June 2, 2017
MARIAN H. TULLY
Administrative Law Judge Office of Administrative Hearings