California OAH special education order · July 14, 2017
Request for Supplemental Information in Support of Student's Motion for an Order of Stay Put
OAH Case No. 2017061027 · ALJ Penelope S. Pahl
OAH held off ruling on Student's stay put motion and asked both parties for the last signed, implemented IEP, because Student's attached 2015 IEP was not authenticated by declaration.
Summary
Student moved for stay put and attached a March 18, 2015 IEP and the notice for that meeting, but did not include a declaration authenticating them. OAH explained that stay put is based on the placement in the last implemented IEP. It asked the parties to submit the last signed, implemented IEP with a declaration under penalty of perjury, to explain why if a later IEP was not implemented, and to provide any earlier OAH or court order deciding Student's placement at Excelsior.
Why it matters
A stay put motion needs the last implemented IEP, authenticated by a sworn declaration. Unauthenticated or possibly outdated IEP documents can delay a ruling on the child's placement.
Key authority cited
- 20 U.S.C. § 1415(j)
- 34 C.F.R. § 300.518(a)
- Ed. Code, § 56505, subd. (d)
- K.D. v. Department of Education, Hawaii (9th Cir. 2011) 665 F.3d 1110
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. 2017061027 v. REQUEST FOR SUPPLEMENTAL
INFORMATION IN SUPPORT OF
GROSSMONT UNION HIGH SCHOOL STUDENT’S MOTION FOR AN
DISTRICT. ORDER OF STAY PUT
On June 22, 2017, Student filed a motion for stay put. Attached to the motion as Exhibit 1 was a copy of a March 18, 2015 IEP document and a March 11, 2015 Notice of Meeting for the March 18, 2015 IEP team meeting. No declaration authenticating the attached exhibits was included with Student’s motion.
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.” Courts have defined Student’s “last current educational placement” as the placement set forth in the child’s last implemented IEP. K.D.
ex rel. C.L. v. Department of Education, Hawaii, (9th Cir., 2011) 665 F.3d 1110, 1117.
The parties are hereby requested to provide a copy of the last signed, implemented IEP document authenticated by declaration under penalty of perjury. If placement is not designated by the most recently signed IEP document, a declaration should be included explaining that why the last IEP was not implemented. If OAH or a court has previously adjudicated the issue of this student’s placement at Excelsior, a copy of that order should be attached and authenticated.
DATE: July 14, 2017
PENELOPE S. PAHL
Administrative Law Judge Office of Administrative Hearings All references to the Code of Federal Regulations are to the 2006 edition, unless otherwise indicated