California OAH special education order · February 14, 2025
Order of Clarification
OAH Case No. 2024080420 · ALJ Cole Dalton
OAH clarified that its Decision requires Long Beach to offer Student the collaborative co-teaching program at the school closest to Student's home school that currently has an opening, not necessarily Riley Elementary.
This case went to decision
Long Beach Unified School District v. Student: Long Beach Unified offered a FAPE and may move a student with autism to a co-taught class without parent consent. (2025)
Summary
After OAH issued a Decision letting Long Beach implement the 2023 annual IEP without parental consent, Student asked OAH to clarify which school site Student should attend. The IEP offered a collaborative co-teaching program, which in October 2023 was at Riley Elementary, the closest school to Student's home school with an opening. OAH explained that the offer was for the program at the closest school with an opening. So Long Beach must offer the program at whichever school closest to Student's home school currently has an opening. OAH stated the clarification does not change the Decision.
Why it matters
A party can ask OAH to clarify a decision when its effect on placement is unclear. Here OAH tied the placement to the program and a rule (closest site with an opening), not to the specific school named at the time of the IEP.
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:
LONG BEACH UNIFIED SCHOOL DISTRICT,
v.
PARENTS ON BEHALF OF STUDENT.
OAH CASE NUMBER 2024080420
ORDER OF CLARIFICATION
FEBRUARY 14, 2025
On August 9, 2024, Long Beach Unified School District filed a request for due process hearing with the Office of Administrative Hearings, referred to as OAH, naming Student. On August 23, 2024, OAH granted Long Beach’s first request for continuance of the hearing dates. ALJ Dalton heard this matter on November 13, 2024, and December 3, 4, 5, 10, 11, and 12, 2024. On January 10, 2025, the parties filed their written closing briefs.
On January 30, 2025, OAH issued a Decision in this matter.
On February 3, 2025, Student filed a motion for clarification of placement, alleging confusion regarding the specific school site at which Student should be placed, pursuant to the Decision.
The Decision orders that Long Beach may implement the 2023 annual IEP, developed on September 25, 2023, and October 23, 2023, as amended on May 28, 2024, without parental consent.
The 2023 annual IEP offered the collaborative co-teaching program. At the time of the October 2023 IEP, Long Beach offered the program at Riley Elementary School, the school closest to Student’s home school, with an opening in the collaborative co- teaching program. As the evidence demonstrated, and as the Decision relates, Long Beach offered placement in the collaborative co-teaching program at the school site closest to Student’s home school that has an opening. Accordingly, the Decision requires Long Beach to offer Student placement in the collaborative co-teaching program, closest to Student’s homeschool, which currently has an opening.
Nothing in this order is meant to change or modify the Decision in this matter.
Cole Dalton Administrative Law Judge Office of Administrative Hearings