California OAH special education order · August 14, 2024
Order Requiring Additional Evidence for Stay Put
OAH Case No. 2024080177 · ALJ Penelope S. Pahl
OAH deferred ruling on Student's unopposed stay put motion and ordered Student to file the last consented-to and implemented IEP, because the attached signatures showed only Parents' attendance, not their consent.
Summary
Student moved for stay put, and Acalanes did not respond. OAH found that Student had not attached a signed copy of the full IEP Student claimed was the last agreed-upon and implemented IEP. The only signatures on the September 22, 2023 amendment IEP showed that Parents attended the meeting, and the only signature accepting the IEP's contents came from a therapist. OAH ordered Student to file only the most recent consented-to and implemented IEP, including any amendments, showing Parents' consent, warned that it would take no further action if the evidence was not filed, and gave Acalanes three business days after that filing to respond.
Why it matters
A stay put motion must include the full signed IEP showing Parents' consent to its contents, not just their attendance. Even an unopposed motion can stall without that proof.
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
- Johnson v. Special Education Hearing Office (2002) 287 F.3d 1176
- Ms. S. ex rel. G. v. Vashon Island School Dist. (9th Cir. 2003) 337 F.3d 1115
People named in the order
- Zuleima Marquez, Therapist (signed IEP acceptance)
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.
ACALANES UNION HIGH SCHOOL DISTRICT.
OAH CASE NUMBER 2024080177
ORDER REQUIRING ADDITIONAL EVIDENCE FOR STAY PUT
AUGUST 14, 2024
On August 5, 2024, Parent, on behalf of Student, filed a request for due process hearing, also called a complaint, with the Office of Administrative Hearings, called OAH, naming Acalanes Union High School District as respondent. On August 7, 2024, Student filed a motion for stay put. OAH received no response to the Stay Put motion from Acalanes.
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.)
This case seeks Stay Put but does not provide evidence of the basis for the Stay Put order sought. Student did not attach a signed version of the full IEP Student asserts is the last, signed and implemented IEP to his motion.
For purposes of stay put, the current educational placement is typically the placement called for in the student’s most recently implemented individualized education program. (Johnson v. Special Education Hearing Office (2002) 287 F. 3d 1176, 1180.) However, some exceptions apply to that rule. (Johnson, supra, 287 F. 3d at p.
1181; Ms. S. ex rel. G. v. Vashon Island School Dist. (9th Cir. 2003) 337 F.3d 1115, 1133 [rev’d on other grounds].)
Here, Student has not provided adequate evidence of his last agreed upon and implemented placement to determine what was consented to. The attached Parents’ signatures indicate they only acknowledge participation in the September 22, 2023 amendment IEP. The only signature indicating acceptance of the contents of the IEP was from Zuleima Marquez who is noted to be a therapist.
Student is ordered to file a copy of the most recent, consented to and implemented IEP document, including any amendments to that IEP that clearly shows Parents’ consent. Student is ordered to limit this filing to only the evidence requested.
Student’s motion and argument has been received. No further argument accompanying the evidence is necessary. If the required evidence is not filed, OAH will take no further action on Student’s Stay Put motion.
Any response from Acalanes regarding the evidence shall be filed no later than three business days after the filing of the additional evidence.
IT IS SO ORDERED.
Penelope S. Pahl Administrative Law Judge Office of Administrative Hearings