California OAH special education order · August 22, 2025

Order Denying Motion for Stay Put

OAH Case No. 2025080841 · ALJ Theresa Ravandi

OAH denied Student's stay put motion because Student had never been found eligible for special education and the complaint alleged no disciplinary proceedings that could trigger pre-eligibility protections.

Denied Stay put

Summary

Student moved for stay put, and San Diego opposed with two sworn declarations. Parent argued that San Diego had reason to suspect a disability because of Parent's written requests for evaluation, so its failure to evaluate should not take away Student's protections. OAH denied the motion because it was undisputed that Student had never been found eligible for special education. For a student not yet found eligible, stay put applies only in school discipline cases where the district already knew of a possible disability, and the complaint alleged no disciplinary violations. OAH also warned Parent that every future filing must include a proof of service showing the district received a copy.

Why it matters

Stay put generally protects only students who already have an agreed-upon and implemented IEP placement. Families whose child has not yet been found eligible can usually invoke stay put only in school discipline situations where the district already had reason to know of a disability. Self-represented parents must also attach a proof of service to every filing, or OAH may not consider it.

Key authority cited

  • 20 U.S.C. § 1415(j)
  • 20 U.S.C. § 1415(k)(5)(B)
  • 34 C.F.R. § 300.518(a)
  • Ed. Code, § 56505, subd. (d)
  • Cal. Code Regs., tit. 5, § 3042, subd. (a)
  • Thomas v. Cincinnati Bd. of Educ. (6th Cir. 1990) 918 F.2d 618

Topics

stay put eligibility child find basis of knowledge proof of service self-represented parent

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.

SAN DIEGO UNIFIED SCHOOL DISTRICT.

OAH CASE NUMBER 2025080841

ORDER DENYING MOTION FOR STAY PUT

AUGUST 22, 2025

On August 19, 2025, Student filed with the Office of Administrative Hearings, OAH, a motion for stay put. The motion is supported by Parent’s sworn declaration. On August 21, 2025, San Diego Unified School District filed an opposition with two supporting sworn declarations.

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).)

STUDENT IS NOT ENTITLED TO STAY PUT

Here, there is no dispute that Student has not been found eligible for special education and related services. Because Student has not been determined eligible for an individualized education program, Student is not entitled to stay put protections.

Parent argues that San Diego had reason to suspect that Student had a disability because of Parent’s written requests for special education evaluations. As such, it is Parent’s position that San Diego’s failure to evaluate Student cannot strip Student of her protections under the Individuals with Disabilities Education Act, including stay put protections. The law does not support Parent’s position. For a student who has not yet been determined eligible for special education, stay put protections apply only if the student engaged in behavior that violated a code of school conduct resulting in disciplinary proceedings, and the district had a basis of knowledge that the student had a disability before the behavior prompting the disciplinary action occurred. (20 U.S.C. § 1415(k)(5)(B).) Student’s complaint does not allege any violations of Student’s disciplinary rights. The motion for stay put is denied.

ALL FILINGS MUST INCLUDE A PROOF OF SERVICE

Parent filed a request for due process hearing, called a complaint, with OAH on August 19, 2025. Student’s complaint does not include a proof of service establishing that Parent provided San Diego a copy of the complaint. Similarly, the motion for stay put does not include a proof of service. OAH requires that all filed documents include a proof of service, indicating when and by what means the other party received a copy of the document filed with OAH. If Parent wants OAH to consider any future filing, it must be accompanied by a proof of service. The parties may use the sample proof of service form found on OAH’s website.

ORDER

1. Student’s motion for stay put is denied.

2. All of Parent’s requested remedies are denied.

3. This matter shall proceed as calendared.

IT IS SO ORDERED.

Theresa Ravandi Administrative Law Judge Office of Administrative Hearings