California OAH special education order · October 9, 2025
Order for Milpitas Unified to Produce Individualized Education Program Documents
OAH Case No. 2025090880 · ALJ Tiffany Gilmartin
OAH ordered Milpitas to produce signed copies of three IEPs because none of the IEPs Parent submitted with Student's stay put motion were signed, and the last consented-to IEP was central to the dispute.
Summary
Student filed a stay put motion supported by a Parent declaration and several IEP documents, and Milpitas opposed it. The ALJ noted that Student must show the last consented-to and implemented IEP, but none of the IEPs Parent supplied were signed. Parent's declaration stated that Milpitas had all the signed IEP documents. OAH ordered Milpitas to serve the October 10, 2024, November 21, 2024, and June 3, 2025 IEPs by close of business October 13, 2025, or to explain in a declaration why it could not.
Why it matters
In a stay put motion, the student must prove which IEP was last agreed to and carried out, so parents should attach signed, consented-to IEP pages. If the district holds the signed copies, OAH may order the district to produce them.
People named in the order
- Castillo, OAH Division Chief
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.
MILPITAS UNIFIED SCHOOL DISTRICT.
OAH CASE NUMBER 2025090880
ORDER FOR MILPITAS UNIFIED TO PRODUCE
INDIVIDUALIZED EDUCATION PROGRAM DOCUMENTS
OCTOBER 9, 2025
On September 24, 2025, Student filed a motion for stay put. Under separate cover Student filed an 87-page exhibit document containing a Parent declaration and the following four exhibits:
a. Exhibit 1: A Parent addendum letter dated March 28, 2023;
b. Exhibit 2: Individualized Education Program document, called IEP, dated
October 10, 2024;
c. Exhibit 3: Annual IEP document dated November 21, 2024;
d. Exhibit 4: IEP Amendment document dated June 16, 2025.
On October 2, 2025, District filed an opposition. On October 3, 2025, Student filed a reply and motion to strike to Milpitas’ opposition as untimely. On October 3, 2025, Milpitas’ filed a surreply brief in opposition to Student’s motion to strike. On October 8, 2025, Student filed a letter to Division Chief Castillo regarding the pending Stay Put motion.
Parent’s September 23, 2025, declaration attests she consented to the October 10, 2024, the November 21, 2024, and June 3, 2025, IEPs.
Student carries the burden in this motion to demonstrate what was Student’s last consented to and implemented IEP. Central to the dispute is determining the last signed and consented to IEP. However, none of the IEPs supplied by Parent are consented to and signed. Parent’s declaration states Milpitas is in possession of all consented to and signed IEP documents.
Milpitas is ordered to serve as exhibits copies of the October 10, 2024, November 21, 2024, and June 3, 2025, IEPs in its possession on Parent and the Office of Administrative Hearings by close of business on Monday, October 13, 2025.
ORDER
Milpitas will produce and serve on Parent and OAH by close of business on October 13, 2025, the following IEP documents or an explanation, including a declaration, as to why they could not be served:
a. October 10, 2024;
b. November 21, 2024;
c. June 3, 2025.
Tiffany Gilmartin Administrative Law Judge Office of Administrative Hearings