California OAH special education order · January 16, 2020
Order to Produce Complete Individualized Education Program Document That Is the Basis of Student's Stay Put Motion
OAH Case No. 2020010299 · ALJ Tiffany Gilmartin
OAH deferred ruling on Student's stay put motion and ordered Student to file the complete last agreed-upon and implemented IEP by January 23, 2020, warning no ruling may issue without it.
Summary
Student filed a due process request against Oakland Unified School District and, in the same filing, a motion for stay put. OAH reminded Student that every motion must be filed separately and that joint motions are not accepted, but agreed to recognize the stay put motion this time. OAH ordered Student to file the complete last agreed-upon and implemented IEP by 3 p.m. on January 23, 2020, and to serve Oakland with a copy. Review of the motion is deferred until the IEP arrives, and no ruling may issue if Student does not submit it.
Why it matters
A stay put motion should be filed as its own document, separate from the due process complaint, and should attach the complete last agreed-upon and implemented IEP. Without that IEP, OAH may refuse to rule.
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.
OAKLAND UNIFIED SCHOOL DISTRICT.
OAH CASE NUMBER 2020010299
ORDER TO PRODUCE COMPLETE INDIVIDUALIZED EDUCATION PROGRAM
DOCUMENT THAT IS THE BASIS OF STUDENT’S STAY PUT MOTION
On January 9, 2020, Student filed a request for due process naming Oakland Unified School District. Concurrently with his request for due process, Student also filed a motion for stay put. Student is on notice all motions filed before the Office of Administrative Hearings must be filed separately. No joint motions are accepted.
Student’s stay put motion will be recognized in this instance. Student is ordered to provide the complete last agreed upon and implemented IEP to OAH by 3 p.m. on January 23, 2020. Student shall serve upon Oakland a copy of any documents filed with
OAH.
Any review of Student’s motion will be deferred until receipt of the complete IEP.
If Student failed to submit the ordered document, no ruling may be issued on the motion for stay put.
IT IS SO ORDERED.
DATED: January 16, 2020 Tiffany Gilmartin Administrative Law Judge Office of Administrative Hearings