California OAH special education order · September 11, 2019

Order to Produce the Entire Last Agreed Upon and Implemented Individualized Education Program

OAH Case No. 2019090085 · ALJ Tiffany Gilmartin

OAH ordered all parties to produce the complete last agreed upon and implemented IEP before ruling on Student's stay put motion, because no party had submitted a complete copy.

Ruling Stay put

Summary

Student filed a motion for stay put. The California School for the Deaf, Fremont and Oakley Union Elementary School District each filed a response. None of the parties provided a complete copy of the last agreed upon and implemented IEP. OAH ordered the parties to meet and confer and submit that IEP by 2 p.m. on September 13, 2019, and allowed each party to submit its own version if they could not agree.

Why it matters

OAH will not decide a stay put motion without the complete last agreed upon and implemented IEP. Parents should attach the full IEP to a stay put motion from the start to avoid delay.

Topics

stay put last implemented iep document production meet and confer deaf and hard of hearing

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.

OAKLEY UNION ELEMENTARY SCHOOL DISTRICT AND

CALIFORNIA SCHOOL FOR THE DEAF, FREMONT.

OAH CASE NUMBER 2019090085

ORDER TO PRODUCE THE ENTIRE LAST AGREED UPON AND

IMPLEMENTED INDIVIDUALIZED EDUCATION PROGRAM

On September 4, 2019, Student filed a motion for stay put. On September 5, 2019, the California School for the Deaf, Fremont filed a response. The next day, on September 6, 2019 Oakley Union Elementary School District responded. No party produced a complete copy of the last agreed upon and implemented individualized education program.

All parties are ordered to meet and confer and submit to OAH the last agreed upon and implemented IEP. Should parties be unable to agree, individual parties may submit a complete copy of the IEP they believe to be the last agreed upon and implemented IEP. All IEPs must be submitted to OAH no later than 2 p.m. on Friday, September 13, 2019.

IT IS SO ORDERED.

DATED: September 11, 2019 Tiffany Gilmartin Administrative Law Judge Office of Administrative Hearings