California OAH special education order · August 3, 2022
Order Denying Motion for Stay Put
OAH Case No. 2022070512 · ALJ Judith Pasewark
OAH denied Student's stay put motion because Student offered no evidence that Compton Unified was refusing, or would refuse, to keep providing the last implemented IEP services during summer break.
Summary
Student asked OAH to order stay put on the most recently implemented IEP, which included 1,954 minutes per week of behavior support services. Compton Unified opposed, saying it had not disputed stay put and the motion was therefore moot. OAH denied the motion. It found that Student's complaint challenging the June 8, 2022, IEP offer to reduce services is not the same as a stay put dispute. Student also gave no evidence that the District was not honoring stay put, or would not honor it, once the school year began.
Why it matters
A stay put motion needs evidence of an actual or threatened refusal to maintain the current placement and services; challenging a proposed IEP change is not enough by itself. Families can refile with specifics if a real dispute arises once school starts.
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.
COMPTON UNIFIED SCHOOL DISTRICT.
OAH CASE NUMBER 2022070512
ORDER DENYING MOTION FOR STAY PUT
AUGUST 3, 2022
On July 26, 2022, Student filed a motion for stay put. On July 28, 2022, Compton Unified School District filed an opposition on the ground that Compton Unified has not disputed Student’s stay put placement and services, therefore Student’s motion is moot.
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.)
DISCUSSION
Student contends Compton Unified School District is refusing to maintain Student’s most recently implemented individualized education program, called an IEP, which includes 1954 minutes per week of behavior support services. In his complaint, Student claims Compton Unified’s June 8, 2022, IEP offer seeks to reduce his behavior support services constitutes a denial of a free appropriate public education, or FAPE.
Student’s issue in his complaint and stay put are not the same thing. Student has failed to provide any evidence that Compton Unified is not or will not honor statutory stay put requirements. Compton Unified is currently on its summer break, and the 2022-2023 regular school year has yet to commence. Student has not provided any information to support a finding that Compton Unified is disputing Student’s stay put placement and services, nor has Student provided evidence that Compton Unified will not maintain Student’s stay put placement and services once the new school year commences.
Therefore, no current dispute exists. If a dispute arises, 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.
ORDER
Students request for stay put is denied.
IT IS SO ORDERED.
Judith Pasewark Administrative Law Judge Office of Administrative Hearings