California OAH special education order · June 26, 2018
Order Denying Motion for Stay Put
OAH Case No. 2018060401 · ALJ Penelope S. Pahl
OAH denied Student's stay put motion to block or retract a diploma without prejudice because Student did not provide the last agreed-upon IEP or other evidence of the current placement.
Summary
Student asked OAH for a stay put order stopping Riverside from issuing a diploma, or retracting any diploma already granted. Riverside opposed, arguing Student had already graduated from high school. OAH denied the motion without prejudice because Student did not attach the last agreed-upon IEP or offer any other evidence of the current educational program and services. Without that information, OAH had no basis to order stay put.
Why it matters
A stay put motion must include the last agreed-upon and implemented IEP, or other proof of the current placement, or OAH will deny it no matter how urgent the issue, such as a pending diploma. Because the denial was without prejudice, the motion can be refiled with the IEP attached.
Key authority cited
- 20 U.S.C. § 1415(j)
- 34 C.F.R. § 300.518(a)
- Ed. Code § 56505, subd. (d)
- Thomas v. Cincinnati Bd. of Educ. (6th Cir. 1990) 918 F.2d 618
- Cal. Code Regs., tit. 5, § 3042
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. 2018060401 v. ORDER DENYING MOTION FOR
STAY PUT
RIVERSIDE UNIFIED SCHOOL
DISTRICT .
On June 7, 2018, Student filed a Request for Due Process (complaint) naming Riverside Unified School District as respondent. On June 13, 2018, Student filed a Motion for Stay Put seeking an order prohibiting Riverside from issuing a diploma to Student or retract any diploma granted as of the date of the issuance of the order on Student’s motion.
Student did not attached her last agreed upon Individual Education Program document to the motion or provide any other evidence of Student’s last agreed upon IEP. On June 18, 2018, District filed an opposition to Student’s motion on the ground that Student had already graduated from High School.
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); 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 (IEP), 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.)
DISCUSSION
Student has failed to attach a copy of the last agreed upon IEP document. Without information as to Student’s current educational program and related services, OAH has no basis upon which to make an order of stay put.
ORDER
1. Student’s Motion for Stay Put is DENIED without prejudice.
2. The case shall proceed on the dates stated in the June 11, 2018 scheduling
order.
IT IS SO ORDERED.
DATE: June 26, 2018
PENELOPE S. PAHL
Administrative Law Judge Office of Administrative Hearings