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.
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
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
