California OAH special education order · September 19, 2025
Order Denying Motion for Stay Put Without Prejudice
OAH Case No. 2025070664 · ALJ Cynthia Fritz
OAH denied Student's stay put motion without prejudice because Student did not attach the last agreed-upon IEP, leaving OAH without the evidence it needed to decide the motion.
This case went to decision
Student v. Fremont Union High School District: Fremont Union must reinstate a student's special education eligibility after exiting her without an IEP meeting; notice claim denied. (2025)
Summary
Student asked OAH to order that the last agreed-upon IEP serve as Student's stay put placement while the case is pending. The District opposed, arguing that Student did not submit evidence of the IEP at issue. OAH agreed that without the IEP as an exhibit it could not decide the motion. It denied the motion without prejudice and said Student may refile it with the supporting evidence.
Why it matters
A stay put motion must include the last agreed-upon and implemented IEP as an exhibit, or OAH cannot determine the student's current placement. Leaving it out can delay protection of the student's placement while the motion is refiled.
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
- 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.
FREMONT UNION HIGH SCHOOL DISTRICT.
OAH CASE NUMBER 2025070664
ORDER DENYING MOTION FOR STAY PUT WITHOUT
PREJUDICE
SEPTEMBER 19, 2025
On September 12, 2025, Student filed a motion for stay put arguing that the Office of Administrative Hearings should order the last agreed upon individualized education program, called IEP, be Student’s stay put during the pendency of this litigation. Freemont Unified School District opposed the motion arguing Student failed to submit evidence of the operative IEP at issue in Student’s motion.
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.)
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).)
DISCUSSION
Student failed to file the last agreed upon individualized education program as an exhibit to this motion. Thus, OAH does not have the evidence necessary to decide Student’s motion at this time. Accordingly, Student’s motion for stay put is denied without prejudice. This ruling does not preclude Student from refiling this motion with the relevant evidence to support the motion.
IT IS SO ORDERED.
Cynthia Fritz Administrative Law Judge Office of Administrative Hearings
