California OAH special education order · July 20, 2018
Order Granting Motion for Stay Put
OAH Case No. 2018070509 · ALJ Rebecca Freie
OAH granted Student's stay put motion and ordered San Marcos to keep picking Student up in front of his house at 7:08 a.m., because San Marcos changed the pickup outside the IEP process.
Summary
Student asked OAH for stay put requiring San Marcos to keep picking him up for transportation in front of his house, as his last agreed-to and implemented IEP provided. San Marcos opposed. It argued that curbside pickup on that street raised safety concerns under a California title 13 regulation. OAH found that the July 10 IEP amendment, which San Marcos did not dispute was the last agreed-upon IEP and which it implemented until May 2018, called for front-of-house pickup at 7:08 a.m. San Marcos's transportation director had changed the pickup location unilaterally and outside the IEP process, so OAH ordered the original arrangement restored as stay put.
Why it matters
Transportation details written into an IEP, including the pickup location, are part of a student's stay put placement. A district cannot change them on its own outside the IEP process while a dispute is pending, even if it cites safety concerns.
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, subd. (a)
- Cal. Code Regs., tit. 13, § 1238
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. 2018070509 v. ORDER GRANTING MOTION FOR
STAY PUT
SAN MARCOS UNIFIED SCHOOL
DISTRICT.
On July 13, 2018, Student filed a motion for stay put. On July 18, 2018, San Marcos Unified School District filed an opposition to the motion for stay put. Student’s stay put request is that San Marcos continue to provide him with transportation, and to pick him up in front of his house, as called for in his most recently agreed-to and implemented individualized education program.
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
San Marcos convened an annual IEP team meeting for Student on April 13, 2017.
The meeting ended before Student’s physical therapy services and transportation issues could be discussed. Student attends a nonpublic school and requires transportation to and from this All references to the Code of Federal Regulations are to the 2006 edition, unless otherwise indicated.
placement, and it is written into his IEP. The IEP team met again on July 10, 2017, at which time the notes from the meeting reflect a discussion which led to an agreement that Student would be picked up “in front of house at 7:08 a.m.” He would be dropped off after school at another nearby location. The IEP reflects that Student had certain morning physical issues which required him to be picked up at his house. Parents signed consent to the IEP on July 10, 2018. In its opposition, San Marcos does not dispute that this was the last agreed to IEP, and it was implemented by San Marcos until May 2018.
In May 2018, the transportation director for San Marcos determined there were safety issues involved with picking up Student at his house. San Marcos unilaterally determined that Student would be picked up at a location other than in front of his house. This decision was made outside the IEP process. In its opposition San Marcos claims that picking up Student in front of his house, which is on the left hand side of a two-lane, one-way street violates a California title 13 regulation, section 1238. However, San Marcos also states that Student was usually picked up in front of his house on the right hand side of the street, although on a few occasions the driver would need to cross the street and escort Student from his home to the bus.
The parties met for an annual IEP team meeting in April 2018, but did not agree to a new IEP. The IEP which was last implemented for Student is the IEP from April 13, 2017, as amended on July 10, 2018. Stay put is found to be the transportation agreement in the notes for the July 10, 2018 IEP team meeting, which requires Student to be picked up in front of his house at 7:08 a.m. each school day he will be attending.
ORDER
Stay put transportation requires San Marcos to pick up Student in front of his house at 7:08 a.m.
IT IS SO ORDERED.
DATE: July 20, 2018
REBECCA FREIE
Administrative Law Judge Office of Administrative Hearings