California OAH special education order · April 7, 2023
Order Requiring Supplemental Evidence
OAH Case No. 2023020865 · ALJ Marlo Nisperos
OAH deferred ruling on Student's stay put motion and ordered Student to file the last agreed upon and implemented IEP, which was missing from the motion, with district responses to follow.
Summary
On March 16, 2023, Student filed a motion for stay put. The motion included a prior written notice from Antioch Unified School District but not Student's last agreed upon and implemented IEP. OAH ordered Student to file that IEP by April 13, 2023, at 3:00 p.m. Antioch and Alameda Unified School Districts must file their responses by April 17, 2023, at 5:00 p.m.
Why it matters
OAH decides stay put by looking at the last agreed upon and implemented IEP. A stay put motion should attach that IEP, or the ruling may be delayed.
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.
ANTIOCH UNIFIED SCHOOL DISTRICT AND
ALAMEDA UNIFIED SCHOOL DISTRICT.
OAH CASE NUMBER 2023020865
ORDER REQUIRING SUPPLEMENTAL EVIDENCE
APRIL 7, 2023
On March 16, 2023, Student filed a motion for stay put with the Office of Administrative Hearings, called OAH. Student’s motion included a prior written notice from Antioch Unified School District. Student did not attach a copy of Student’s last agreed upon and implemented individualized education program, called IEP. Student must file with OAH a copy of the last agreed upon and implemented IEP by Thursday, April 13, 2023, at 3:00 p.m.
Antioch Unified School District and Alameda Unified School District must file their responses by Monday, April 17, 2023, at 5:00 p.m.
IT IS SO ORDERED.
Marlo Nisperos Administrative Law Judge Office of Administrative Hearings