California OAH special education order · August 5, 2024
Order for Parties to Supplement the Record Regarding Motion for Stay Put
OAH Case No. 2024070691 · ALJ Cole Dalton
OAH ordered both sides to file the IEPs they say control Student's stay put placement by August 9, 2024, because neither side attached the IEPs to its stay put papers.
Summary
Student moved for stay put, claiming the February 9, 2023 preschool IEP is the stay put placement. San Diego opposed, claiming the May 24, 2024 kindergarten IEP controls. Neither side submitted the IEPs it relied on, so OAH ordered both parties to file them by 5:00 p.m. on August 9, 2024. OAH warned that it would consider only IEPs filed on time when it rules on stay put.
Why it matters
A stay put motion should attach the IEP being relied on. Without it, OAH cannot decide the last agreed-upon placement, and a late filing may be ignored.
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.
SAN DIEGO UNIFIED SCHOOL DISTRICT.
OAH CASE NUMBER 2024070691
ORDER FOR PARTIES TO SUPPLEMENT THE RECORD
REGARDING MOTION FOR STAY PUT
AUGUST 5, 2024
On July 19, 2024, Student filed a motion for stay put with the Office of Administrative Hearings, OAH. On July 24, 2024, San Diego filed an opposition to Student’s motion to stay put.
Student contends the February 9, 2023, individualized education program, IEP, constitutes Student’s stay put placement in preschool. San Diego contends the May 24, 2024, IEP constitutes Student’s stay put placement in kindergarten. Neither party submitted IEPs supporting their contentions regarding Student’s stay put placement.
The parties are ordered to submit the IEPs they claim govern Student’s stay put placement no later than 5:00 PM on August 9, 2024. Only timely submitted IEPs will be considered in OAH’s order regarding stay put.
IT IS SO ORDERED.
Cole Dalton Administrative Law Judge Office of Administrative Hearings