California OAH special education order · June 19, 2025
Order Denying Student's Emergency Motion for Interim Relief
OAH Case No. 2025040200 · ALJ Ted Mann
OAH denied Student's emergency motion to move from a nonpublic school to home hospital, ruling it lacks authority to change a stay put placement before a decision after hearing.
This case went to decision
Student v. Laguna Beach Unified School District: Laguna Beach Unified prevails on all claims; settlement waivers bar claims before October 2024 and nonpublic school placement upheld. (2025)
Summary
Student filed an Emergency Motion for Interim Relief asking OAH to change Student's placement from Port View nonpublic school to a home hospital program while the due process case is pending. OAH had already ruled in May 2025 that Port View is Student's stay put placement. Laguna Beach opposed any change from the last agreed-upon and implemented placement. OAH denied the motion. It explained that it can enforce stay put while a case is pending, but it has no authority to change a placement before it issues a written decision after a due process hearing.
Why it matters
Families cannot use an emergency or interim-relief motion at OAH to change a student's placement while a case is pending. The current placement stays in place unless the district agrees to a change or OAH orders one in its final decision after hearing.
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
- Wyner v. Manhattan Beach Unified School Dist. (9th Cir. 2000) 223 F.3d 1026
- Cal. Code Regs., tit. 5, § 3042, subd. (a)
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.
LAGUNA BEACH UNIFIED SCHOOL DISTRICT.
OAH CASE NUMBER 2025040200
ORDER DENYING STUDENT’S EMERGENCY MOTION FOR
INTERIM RELIEF
JUNE 19, 2025
On April 3, 2025, Student filed a Request for Due Process Hearing, referred to as a complaint, with the Office of Administrative Hearings, naming Laguna Beach Unified School District. The Office or Administrative Hearings is referred to as OAH.
On April 29, 2025, Student filed a Motion for Stay Put, described as a “Formal Objection to Placement.” On May 5, 2025, Laguna Beach opposed Student’s requested change in placement. On May 7, 2025, OAH issued an Order denying Student’s requested change in placement and indicating that Student’s current placement at Port View is Student’s “stay put” placement.
On June 5, 2025, Student filed an Emergency Motion for Interim Relief seeking once again to change Student’s current placement at Port View nonpublic school to a home hospital program. On June 10, 2025, Laguna Beach filed an opposition to any change from the last agreed upon and implemented placement, called “stay put.”
The purpose of the Individuals with Disabilities Education Act (20 U.S.C. § 1400 et.
seq.) is to “ensure that all children with disabilities have available to them a free appropriate public education,” and to protect the rights of those children and their parents. (20 U.S.C. § 1400(d)(1)(A), (B), and (C); see also Ed. Code, § 56000.) A party has the right to present a complaint “with respect to any matter relating to the identification, evaluation, or educational placement of the child, or the provision of a free appropriate public education to such child.” (20 U.S.C. § 1415(b)(6); Ed. Code, § 56501, subd. (a).) The jurisdiction of OAH is limited to these matters. (Wyner v.
Manhattan Beach Unified School. Dist. (9th Cir. 2000) 223 F.3d 1026, 1028-1029.)
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.)
In California, “specific educational placement” is defined as “that unique combination of facilities, personnel, location or equipment necessary to provide instructional services to an individual with exceptional needs,” as specified in the IEP.
(Cal. Code Regs. tit. 5, § 3042, subd. (a).)
Student has requested that OAH intervene in the pending case to change Student’s last agreed upon and implemented placement at Port View. Based on the foregoing applicable law, OAH lacks jurisdiction to change Student’s placement while their case is pending before OAH. OAH has the limited authority to decide placement issues brought to hearing and to enforce “stay put” and keep a student in a “stay put”
placement while a case is pending. However, OAH has no authority to change such a placement prior to issuing a written decision following the conclusion of a due process hearing. As such, Student’s request is denied.
ORDER
Student’s request entitled “Emergency Motion for Interim Relief” is denied. The matter shall proceed as scheduled.
IT IS SO ORDERED.
Ted Mann Administrative Law Judge Office of Administrative Hearings