California OAH special education order · September 3, 2019
Order Requiring Signed IEP in Support of Motion for Stay Put
OAH Case No. 2019081037 · ALJ Penelope S. Pahl
OAH ordered Student to file the last IEP Parents signed before ruling on stay put, because Victor questioned whether the unsigned IEP attached to the motion was the last agreed-upon IEP.
Summary
Student moved for stay put to keep his placement at the nonpublic school Leroy Haynes. He attached an unsigned IEP dated March 1, 2019. Victor opposed the motion and questioned whether that IEP was Student's last agreed-upon IEP, saying Parents had shown it a different document. Because stay put depends on the most recent IEP Parents consented to, OAH found the unsigned IEP insufficient. It ordered Student to file the last signed IEP by noon on September 5, 2019, and allowed Victor to file any objection and supporting evidence by 5:00 p.m. that same day.
Why it matters
A stay put motion should attach the last IEP the parent actually signed. An unsigned IEP may not prove the student's last agreed-upon placement, especially once the district disputes it.
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,
v.
VICTOR ELEMENTARY SCHOOL DISTRICT .
OAH CASE NUMBER 2019081037
ORDER REQUIRING SIGNED IEP IN SUPPORT OF
MOTION FOR STAY PUT
On August 28, 2019, Student filed a motion requesting that stay put be ordered maintaining his placement in the nonpublic school Leroy Haynes. The motion included an unsigned Individualized Education Program, usually called an IEP, dated March 1, 2019 as Exhibit A. On August 30, 2019, Victor Elementary School District filed an opposition to this motion and, in its papers, questioned whether the attached IEP was Student’s last agreed upon IEP, asserting that Victor had been shown a different document by Parents.
In making a determination regarding whether stay put is appropriate, the most recent IEP to which Parents have consented must be reviewed. Given the question that has arisen, the unsigned Attachment A to Student’s Motion for Stay Put is not sufficient to establish Student’s last, consented-to IEP. Therefore, no later than noon on Thursday, September 5, 2019, Student is to file a copy of the last IEP Parents signed on Student’s behalf. If Victor Elementary has any objection that the document filed is not the last consented-to IEP, they are to serve and file that objection and any supporting evidence by 5:00 PM on Thursday September 5, 2019.
IT IS SO ORDERED.
DATED: September 3, 2019 Penelope S. Pahl Administrative Law Judge Office of Administrative Hearings