California OAH special education order · December 29, 2025
Order Denying Motion for Stay Put
OAH Case No. 2025111067 · ALJ Rommel P. Cruz
OAH denied Student's request for home-based instruction pending hearing because the home program Parent chose unilaterally was never the last agreed-upon and implemented IEP placement.
Summary
Student asked for an 'interim temporary placement' of home-based instruction with related services while the due process case is pending. Student did not want to return to the special day class at Fairmont Elementary School offered in the October 7, 2025 IEP. OAH treated the request as a stay put motion. Placentia-Yorba Linda Unified opposed, and OAH denied the motion because the October 7, 2025 IEP did not offer a home-based program and the home instruction Parent arranged unilaterally was not the last agreed-upon and implemented program.
Why it matters
Calling a request an 'interim placement' does not get around stay put rules: OAH will not order a district to fund a program the parent chose unilaterally unless that program was the last agreed-upon and implemented IEP placement. Families who want a different placement during litigation generally need the district's agreement.
Key authority cited
- 20 U.S.C. § 1415(j)
- 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
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:
PARENT ON BEHALF OF STUDENT,
v.
PLACENTIA-YORBA LINDA UNIFIED SCHOOL DISTRICT.
OAH CASE NUMBER 2025111067
ORDER DENYING MOTION FOR STAY PUT
DECEMBER 29, 2025
On December 2, 2025, Parent on behalf of Student filed a “Motion for an Interim Temporary Placement.” Student asserts in his motion that he did not wish to invoke stay put, but also did not wish to return to Fairmont Elementary School, the placement offered by Placentia-Yorba Linda Unified School District in the individualized education program, called IEP, dated October 7, 2025. Student’s due process hearing request, as amended on December 29, 2025, challenges the appropriateness of the October 7, 2025 IEP offer, including placement.
Parent unilaterally placed Student to receive instruction at home because of Parent’s concerns with the October 7, 2025 IEP’s offered placement. Student’s motion for an interim temporary placement seeks an Order for Student to receive home-based instruction with related services pending the resolution of this due process matter.
Accordingly, the motion is treated as a motion for stay put.
On December 24, 2025, Placentia-Yorba Linda Unified filed a response to the motion for stay put. Placentia-Yorba Linda Unified contends Student’s home instruction program is not an agreed upon implemented program for purposes of stay put. Rather, the October 7, 2025 IEP offered placement in special day class for students with moderate to severe disabilities on a comprehensive campus, with speech and language services, program accommodations, and modifications. Placentia-Yorba Linda Unified has not agreed to implement a home-based program for Student.
On December 24, 2025, Student filed a reply to Placentia-Yorba Linda Unified’s response. In reply, Student asserts that Parent would consider an interim placement agreed to by Placentia-Yorba Linda Unified pending the resolution of this case.
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 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).)
The October 7, 2025 IEP did not offer a home-based program, and Student’s current home-based instruction is not the last agreed upon and implemented program.
Therefore, the motion for stay put seeking an order that Placentia-Yorba Linda Unified implement a home-based program while this case is pending is denied.
ORDER
Student’s Motion for an Interim Temporary Placement treated as a Motion for Stay Put is denied.
Rommel P. Cruz Administrative Law Judge Office of Administrative Hearings