California OAH special education order · March 28, 2018
Order Granting River Springs Charter School's Request for Extension of Time to File Response to Complaint and Motion for Stay Put
OAH Case No. 2018031003 · ALJ Peter Paul Castillo
OAH gave Charter School until April 6, 2018, to respond to Student's complaint and stay put motion, over Student's objection, because it was unclear whether Charter School received a correct, complete copy.
This case went to decision
Student v. Springs Charter Schools, also known as River Springs Charter School (consolidated): River Springs Charter must provide 128 hours of compensatory instruction, but its offer of placement at Flabob Academy is upheld as FAPE. (2019)
Summary
Student filed a due process complaint and a motion for stay put on March 22, 2018. River Springs Charter School asked for more time to respond, until April 6, 2018, because it was unclear whether it had received the correct version of Student's filings, or a complete copy. Student opposed the request. OAH found there was enough of a question about service to justify more time and granted the extension, with any response due by 5:00 p.m. on April 6, 2018.
Why it matters
Problems with serving a complete, correct copy of a complaint or stay put motion can delay a ruling on stay put. Parents seeking quick stay put relief should make sure the district receives exactly what was filed with OAH.
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. 2018031003 v. ORDER GRANTING RIVER SPRINGS
CHARTER SCHOOL’S REQUEST FOR
RIVER SPRINGS CHARTER SCHOOL. EXTENSION OF TIME TO FILE
RESPONSE TO COMPLAINT AND
MOTION FOR STAY PUT
On March 28, 2018, River Springs Charter School filed a request for extension of time until April 6, 2018, to respond to Student’s complaint and motion for stay put. Student opposed the request the same day, and Charter School filed a response. Student’s complaint and motion for stay put were filed on March 22, 2018.
Charter School requests an extension as confusion exists whether Charter School received the correct copy of Student’s complaint and motion for stay put, or a complete copy of the correct version. Charter School established that a sufficient question exists to grant it additional time to respond to Student’s complaint and motion for stay put.
Therefore, Charter School’s request for extension of time to file a response to Student’s complaint and motion for stay put is granted. Any response shall be filed by 5:00 p.m., on April 6, 2018.
IT IS SO ORDERED.
DATE: March 28, 2018
PETER PAUL CASTILLO
Presiding Administrative Law Judge Office of Administrative Hearings