California OAH special education order · September 7, 2021
Order Denying Motion for Stay Put
OAH Case No. 2021080884 · ALJ Alexa Hohensee
OAH denied Student's stay put motion because Oxnard showed it was in the process of implementing the May 26, 2021 IEP from the prior district and Student did not allege an actual dispute.
Summary
Student moved for stay put. Student argued that Oxnard did not provide the supports in the May 26, 2021 IEP from Student's elementary school district on the first day of the 2021-2022 school year. Oxnard opposed with a sworn declaration from its program specialist. The declaration stated that Parent enrolled Student only the day before school started, that the complex IEP took several days to set up, and that home hospital instruction would be in place by September 13, 2021. OAH found no dispute had been alleged and that Oxnard was implementing the IEP, so it denied the motion without prejudice to a more specific future request.
Why it matters
A stay put motion needs to show a real dispute over the student's placement, not just a short startup delay after a late enrollment in a new district. If a district does not follow through on implementing the IEP, families can file a new stay put request that describes the dispute and the stay put terms they are asking for.
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
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:
PARENTS ON BEHALF OF STUDENT,
v.
OXNARD UNION HIGH SCHOOL DISTRICT.
OAH CASE NUMBER 2021080884
ORDER DENYING MOTION FOR STAY PUT
SEPTEMBER 7, 2021
On August 31, 2021, Student filed a motion for stay put. On September 3, 2021, Oxnard Union High School District filed an opposition on the ground that it is fully implementing Student’s May 26, 2021 IEP.
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); Ed. Code, § 56505 subd. (d).)
This is referred to as stay put. For purposes of stay put, the current educational placement is typically the last agreed upon and implemented individualized educational program, called IEP, placement prior to the dispute arising. (Thomas v. Cincinnati Bd. of Educ. (6th Cir. 1990) 918 F.2d 618, 625.)
Student contends that when he arrived for his first day of the 2021-2022 school year at his new school district, Oxnard did not provide the many detailed and complex supports in Student’s May 26, 2021 IEP from his elementary school district. Student’s motion for stay put is supported by the sworn declaration of Parent.
The sworn declaration of Oxnard’s program specialist establishes that despite earlier outreach to Parent, Parent did not enroll Student in Oxnard until the day before the first day of school. Because of the many services and specific schedule requirements in the IEP, it took Oxnard several days to get the program in Student’s May 26, 2021 IEP up and running. Home hospital instruction is expected to be in place by September 13,
2021. Oxnard’s declaration establishes that Student’s program and services will
continue in Student’s current educational placement.
Here, Student has not alleged that a dispute exists, and Oxnard established that it is in the process of implementing Student’s May 26, 2021 IEP from the prior school district. If a dispute exists or Oxnard does not implement Student’s IEP as promised, Student may file a request for stay put with more specificity as to the nature of the dispute and the terms of stay put. The motion for stay put is denied.
IT IS SO ORDERED.
Alexa Hohensee Administrative Law Judge Office of Administrative Hearings