California OAH special education order · May 4, 2018
Order Denying Motion for Clarification of Stay Put
OAH Case No. 2018031003 · ALJ Jackie C. Dai
OAH denied Student's expedited motion for clarification of stay put because it repeated the arguments already rejected in the earlier stay put denial and the denial of reconsideration.
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 asked OAH to clarify whether Student could stay in a nonpublic school placement under an August 4, 2017 IEP as stay put. OAH had already denied Student's amended stay put motion and then denied Student's motion for reconsideration. The ALJ found the clarification motion simply continued to argue the same points and denied it.
Why it matters
Re-filing a rejected stay put argument as a motion for clarification will not get a different result. Once stay put and reconsideration are denied, families should bring new facts or law, or pursue other remedies, rather than repeat the same points.
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 DENYING MOTION FOR
CLARIFICATION OF STAY PUT
RIVER SPRINGS CHARTER SCHOOL.
On April 4, 2018, Student filed a First Amended Motion for Stay Put. On April 9, 2018, River Springs Charter School (River Springs) filed an Opposition to Student’s First Amended Motion for Stay Put. On April 11, 2018, the undersigned Administrative Law Judge issued an order that denied Student’s First Amended Motion for Stay Put. On April 11, 2018, Student filed a Response to River Springs’ Opposition to Student’s First Amended Motion for Stay Put. On April 16, 2018, Student filed a Motion for Reconsideration of OAH’s Order Denying Student’s First Amended Motion for Stay Put. On April 18, 2018, River Springs filed an Opposition to Student’s Motion for Reconsideration. On April 25, 2018, the undersigned Administrative Law Judge issued an Order Denying Student’s Motion for Reconsideration.
On April 26, 2018, Student filed an Expedited Motion for Clarification of Stay Put that sought clarification of whether Student is entitled to remain in a nonpublic school placement pursuant to the August 4, 2017 Individualized Education Program as “stay put”. The amended motion for stay put was denied. The motion for reconsideration was denied. Student seeks, by way of a Motion for Clarification to continue to argue the same points previously presented.
ORDER
Student’s Expedited Motion for Clarification of Stay Put is denied.
IT IS SO ORDERED.
DATE: May 4, 2018
JACKIE C. DAI
Administrative Law Judge Office of Administrative Hearings