California OAH special education order · September 5, 2025
Order Granting Motion for Stay Put
OAH Case No. 2025080834 · ALJ Paul H. Kamoroff
OAH granted Student's stay put motion and ordered Desert Sands to fully implement the undisputed September 13, 2024 IEP, rejecting the charter school's argument that Student was disenrolled over an enrollment contract.
Summary
Student asked OAH to order stay put in his September 13, 2024 IEP, which placed him at Desert Sands Charter High School. Desert Sands agreed this was the last agreed-upon and implemented IEP. It argued, however, that Student had no stay put rights because he did not timely submit a master enrollment contract and was disenrolled. Parent declared the contract was submitted on time, and OAH found Student established the September 13, 2024 IEP as his stay put placement, ordering Desert Sands to implement it in full while the case is pending.
Why it matters
A charter school's claim that a student was disenrolled over enrollment paperwork did not defeat stay put where the last agreed-upon and implemented IEP was undisputed. Parents should support stay put motions with the IEP and a declaration that addresses any enrollment dispute.
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
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.
DESERT SANDS CHARTER HIGH SCHOOL.
OAH CASE NUMBER 2025080834
ORDER GRANTING MOTION FOR STAY PUT
SEPTEMBER 5, 2025
On August 20, 2025, Student filed a due process hearing request with the Office of Administrative Hearings, called OAH, naming Desert Sands Charter High School, called Deserts Sands. On August 20, 2025, Student filed a motion for stay put. On August 25, 2025, Desert Sands filed an opposition. Student replied to the opposition on August 27, 2025.
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.)
Student asserts his last agreed upon and implemented IEP is dated September 13, 2024, which placed Student at Desert Sands Charter High School. Student included an attachment of the IEP and a declaration by Parent with his pleadings. Desert Sands does not dispute this IEP is Student’s last agreed upon and implemented IEP, but argues that Student is not entitled to stay put because Student failed to timely submit a master contract for enrollment with Desert Sands, and the charter school therefore disenrolled Student, making him ineligible for any IEP, including stay put. Parent declares that she and Student timely submitted the master contact for enrollment.
Student established the September 13, 2024 IEP, including placement at Desert Sands Charter High School, is his stay put placement. Therefore, Student’s motion for stay put is granted. Desert Sands shall implement Student’s September 13, 2024 IEP in full through the pendency of this matter.
IT IS SO ORDERED.
Paul H Kamoroff Administrative Law Judge Office of Administrative Hearings