California OAH special education order · September 4, 2025
Order for Additional Information Regarding Motion for Stay Put
OAH Case No. 2025080693 · ALJ Jeanie Min
OAH deferred ruling on Student's stay put motion and ordered Menifee to explain why Student's program could not be carried out in the two remaining special education classrooms at Evans Ranch.
Summary
Student asked OAH to keep a special day class at Evans Ranch Elementary as stay put. Menifee opposed, saying Student's class had closed and the program could be carried out at Chester W. Morrison Elementary instead. Menifee's declaration showed that two self-contained special education classrooms still operated at Evans Ranch, but it did not explain why either of them was inappropriate for Student. OAH ordered Menifee to file an additional declaration and argument by September 8, 2025, before it would rule.
Why it matters
A district that wants to move a student to a new school for stay put because a class closed must show why similar classrooms still running at the current school will not work. Closing one class does not by itself justify a transfer.
People named in the order
- Amil Alzubaidi, Executive Director of Special Education, Menifee Union School District (declarant)
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.
MENIFEE UNION SCHOOL DISTRICT.
OAH CASE NUMBER 2025080693
ORDER FOR ADDITIONAL INFORMATION REGARDING
MOTION FOR STAY PUT
SEPTEMBER 4, 2025
On August 15, 2025, Student filed a request for due process with the Office of Administrative Hearings, called OAH, naming Menifee Union School District. On August 19, 2025, Student filed a motion for stay put. On August 22, 2025, Menifee filed an opposition on the grounds that Student’s educational placement no longer existed at Evans Ranch Elementary School.
Student asserts stay put should be a special day classroom at Evans Ranch.
Menifee argues that Student’s special education class was closed at Evans Ranch and Student’s special education program can be implemented at Chester W. Morrison Elementary School.
Menifee submitted a sworn declaration by Amil Alzubaidi, Executive Director of Special Education at Menifee, in support of its motion. Alzubaidi declared that Menifee closed one of three special education classrooms at Evans Ranch, which was Student’s class, and now operated two self-contained special education classrooms at Evans Ranch. Menifee did not explain how the remaining two special education classrooms were inappropriate for Student or why Student’s special education program could not be implemented in either of the remaining two special education classrooms.
Additional information is required before a ruling may be made on the pleadings.
ORDER
By 5:00 PM on September 8, 2025, Menifee shall provide an additional declaration and argument regarding the two special education classrooms operated at Evans Ranch and why the special education classroom at Chester Morrison is appropriate, while the special education classrooms at Evans Ranch are not.
IT IS SO ORDERED.
Jeanie Min Administrative Law Judge Office of Administrative Hearings