Stay put
714 California OAH special education orders on stay put, newest first, each with a plain-English summary. Search and filter these orders.
2026
- Order Denying Motion for Stay PutOAH denied stay put for a three-year-old moving from Regional Center Part C services to the district, because stay put does not apply at the age-three transition when there is no implemented IEP.
- Order Requiring Additional Evidence to Determine Stay PutOAH deferred ruling on Student's unopposed stay put motion and ordered Student to file a signed, implemented IEP. The May 11, 2026 IEP Student submitted showed no Parent signature consenting to it.
- Order Denying Motion for Stay PutOAH denied Student's stay put motion without prejudice because Student did not provide the last agreed-upon and implemented IEP or a sworn statement supporting the motion.
- Order Denying Motion for Stay PutOAH denied Student's stay put motion because a single five-day suspension did not change Student's placement, Student had returned to school, and no placement dispute was alleged.
- Order Granting Motion for Stay PutOAH granted Student's stay put motion, ordering Los Angeles to maintain the nonpublic school virtual placement and services set by an April 2026 settlement, because full implementation remained unclear.
- Order Granting Motion for Stay PutOAH granted Student's stay put motion, keeping Student at Kentwood Elementary under the last implemented September 4, 2025 IEP and rejecting Los Angeles' school-of-residence and childcare-permit arguments.
- Order Granting Motion for Stay PutOAH granted Student's stay put motion, ordering Riverside to implement the November 20, 2025 IEP as closely as possible in middle school, because stay put does not decide whether a newer IEP is better.
- Order Granting Motion for Stay PutOAH granted Student's stay put motion, ruling that moving from middle school to a separate high school district does not erase stay put rights based on the last agreed-upon IEP.
- Order Denying Renewed Motion for Stay PutOAH denied Student's renewed stay put motion because a later signed and implemented November 2025 IEP, not the settlement agreement, set stay put. OAH also warned that careless AI-drafted filings could bring sanctions.
- Order Denying Motion for Stay Put Without PrejudiceOAH denied Student's stay put motion to remain at Hancock Park's transitional kindergarten without prejudice because Student offered no IEP or agreement showing the last agreed-upon and implemented placement and services.
- Order Denying Motion for Stay PutOAH denied Student's stay put motion because Student did not show his current placement was Valley View; his IEP listed El Dorado County Office of Education speech services, not a Valley View placement.
- Order Denying Motion for Stay PutOAH denied Student's stay put request because Saratoga agreed Student's last agreed-upon program continues at Foothill Elementary, leaving no actual stay put dispute to resolve.
- Order Granting, in Part, Motion for Stay PutOAH partly granted Student's stay put motion, letting Los Angeles move her to kindergarten. Her stay put is a special education setting at Dena Elementary with general education curriculum, not preschool or general education.
- Order Denying Motion for Stay PutOAH denied stay put for full-time in-person instruction because Student's last IEP listed an independent study or virtual charter setting and Inspire's interim IEP matched it.
- Order Denying Motion for Stay Put Without PrejudiceOAH denied Student's stay put motion without prejudice because Student's filings were unclear and inconsistent about which IEP was the last agreed-upon and implemented IEP.
- Order Granting Motion for Stay PutOAH granted Student stay put in a consented but not-yet-implemented May 29, 2026 IEP at Meadows Avenue, because both sides agreed it met Student's needs after he moved from preschool to kindergarten.
- Order Denying Motion for Stay PutOAH denied Student's stay put motion because his last agreed-upon IEP did not include a one-to-one behavior aide, and privately funded ABA services delivered on campus were not IEP services.
- Order Denying Revised Motion for Stay Put, Denying Request Prohibiting Graduation Pending Resolution of Due Process Proceedings, and Denying Request for Expedited Hearing on MotionOAH denied Student's revised stay put motion because Moreno Valley had already awarded Student a regular high school diploma and exited her from special education before she filed her due process complaint.
- Order Denying Motion for Stay PutOAH denied Student's request for stay put at home after a residential school discharged her, finding home is not comparable to a residential treatment center and the district's offered Utah center was comparable.
- Order Granting Motion for Stay PutOAH granted Student's stay put motion. Los Angeles must offer a placement that replicates, as closely as possible, Student's general education kindergarten collaborative class, even though that pilot program ends after kindergarten.
- Order Denying Motion for Stay PutOAH denied without prejudice Student's motion to keep her residential placement and block graduation because she gave no signed IEP, no supporting declarations, and no copies of the probate court orders she relied on.
- Order Granting Request for Reconsideration and Denying Motion for Stay PutOAH reconsidered but again denied stay put at elementary school because a new doctor's note had not gone to the IEP team and concerns about the middle school program were speculative.
- Order Denying Motion for Stay PutOAH denied Student's stay put motion because Student did not identify or provide a last agreed-upon and implemented IEP. Acalanes said Student was never found eligible and had graduated.
- Order Denying Motion for Stay PutOAH denied Student's request to stay put at Nuffer Elementary's FAST program, finding that moving to a middle school FAST program with the same services is a natural grade progression, not a change in placement.
- Order Denying Motion for Stay PutOAH denied Student's stay put motion seeking unrestricted phone access because the last agreed-upon IEP only provided phone access for calendar, journal, and time use, not full-time unrestricted use.
- Order Granting Motion for Stay PutOAH granted stay put blocking Lucia Mar from graduating Student with a regular diploma, because Student filed for due process challenging his graduation before it happened, which triggers automatic stay put protection.
- Order Granting Motion for Stay PutOAH granted stay put in Student's general education classroom, holding that a district cannot avoid stay put by revoking an interdistrict transfer the day after an initial IEP meeting found Student eligible.
- Order Granting Motion for Stay PutOAH granted Student stay put, holding Irvine may not end Student's special education rights by issuing a regular diploma while Student's due process case challenges his readiness to graduate.
- Order Denying Motion for Stay PutOAH denied Student's stay put motion for classroom ABA aide services from an outside provider because the services were never part of Student's IEP, and Student did not submit the last agreed-upon IEP.
- Order Granting Request for Reconsideration and Denying Motion for Stay PutOAH reconsidered but again denied Student's stay put request, finding the home instruction was a temporary arrangement ending February 16, 2026, so it could not become Student's stay put placement.
- Order Granting Motion for Stay PutOAH granted Student's stay put motion and ordered Santee to immediately reenroll Student at Carlton Oaks Elementary under his last agreed-upon IEP, because the disputed residency question must be decided at hearing.
- Order Granting Motion for Stay PutOAH granted stay put at Learn Academy's virtual nonpublic school program for a transfer student. Los Angeles Unified had offered no placement in almost four months, and lacking a master contract was no excuse.
- Order Denying Motion for Stay PutOAH denied Student's stay put motion seeking a home placement because Student never identified or submitted a consented-to IEP showing that home placement was the last agreed-upon and implemented placement.
- Order Denying Motion for Stay PutOAH denied Student's stay put motion because Student did not prove National was responsible for her education or that her last agreed-upon and implemented placement was at Mt. Helix Academy.
- Order Granting Request for Reconsideration and Denying Request for Stay PutOAH reconsidered and again denied stay put. Student had been homeschooled without an IEP for years, so a 2020 IEP was not her then-current educational placement when the complaint was filed.
- Order Granting Motion for Stay Put, in PartOAH set Student's stay put as general education with pull-out speech and adapted PE from the March 2025 IEP. It denied, for now, a request to keep Student in fifth grade next year because no current dispute existed.
- Order Granting Request for Reconsideration and Granting Stay Put in PartOAH granted reconsideration and ordered Poway to provide special education transportation as stay put. It ruled that transportation cannot be conditioned on a safety vest, but an aide during transportation is not stay put.
- Order Granting Request for Reconsideration and Denying Request for Stay PutOAH granted reconsideration but again denied stay put. Student's disenrollment from Glendale was not a disciplinary change of placement, Student had no IEP, and the expedited hearing had already ended.
- Order Denying Motion for Stay PutOAH denied Student's unopposed stay put motion because Student did not prove which IEP was last agreed upon and implemented, and the grade advancement Student wants to stop is months away.
- Order Granting Request for Reconsideration and Modifying Stay Put OrderOAH granted Student's reconsideration request and changed its stay put order to require a comparable nonpublic school placement, because the state does not let nonpublic agencies provide academic instruction. OAH still refused to order Innovative Education.
- Order Denying Motion for Stay PutOAH denied Student's renewed stay put motion seeking placement at Northgate High School because that school no longer has the autism magnet program in Student's last IEP, and Mt. Diablo can implement the IEP elsewhere.
- Order Granting Request for Reconsideration and Denying Motion for Stay PutOAH granted Student's reconsideration request but again denied stay put, because whether Simi Valley had a 'basis of knowledge' of a disability before the misconduct is disputed and must be decided at hearing.
- Order Granting in Part and Denying in Part Motion for Stay PutOAH ordered Vallejo City to provide an independent studies program with individualized therapeutic supports as stay put, but refused to require it to contract with Innovation Education, which is a service provider, not the placement.
- Order Denying First and Second Motions for Stay PutOAH denied Student's two stay put motions seeking return to Valley View Middle School because Student had no implemented IEP and did not show Simi Valley had a basis of knowledge of disability.
- Order Denying Motion for Stay PutOAH denied Student's stay put motion in an expedited discipline case because Student was never found eligible for special education, has no IEP, and so has no special education placement to keep.
- Order Denying Motion for Stay Put, in PartOAH refused to order stay put at Innovative Education because it is a non-certified nonpublic agency, but ordered Vallejo City to provide a comparable program through a contracted nonpublic agency.
- Order Denying Motion for Stay PutOAH denied Student's stay put motion because, while a manifestation determination appeal is pending, federal law keeps Student in the interim alternative educational setting, not a Parent-preferred home or nonpublic school program.
- Order Denying Motion for Stay Put and Request for Ruling to Enforce Stay PutOAH denied Student's stay put motions. Student had no agreed-upon and implemented IEP, and the prior settlement agreement expressly said its placement and services could not serve as stay put.
- Order Denying January 12, 2026 Motion for Stay PutOAH denied Student's seventh stay put motion because he was a general education student after Parents revoked special education consent, and the settlement agreement expressly said it was not stay put.
- Order Denying Motion for Stay PutOAH denied Student's stay put motion because Student did not provide the May 2024 IEP or evidence that Northgate High School most closely replicates the last agreed upon placement.
- Order Denying Motion for Stay PutOAH denied Student's stay put motion seeking a nonpublic school placement because Student had been homeschooled without an IEP for years, so the 2020 IEP was not her current placement.
- Order Following Prehearing Conference for Hearing by Videoconference; Granting Student's Motion for Stay PutOAH granted Student's stay put motion and ordered Stockton to implement the January 31, 2025 IEP. Parent had consented to that IEP, Stockton implemented it until August 26, 2025, and the late filing was harmless.
- Order Denying Motion for Reconsideration Regarding Stay PutOAH denied Student's motion to reconsider two stay put denials because it only repeated earlier arguments; Student was a general education student when the case was filed and had no stay put rights.
- Order Denying Motion for Stay PutOAH denied Student's stay put motion because Sweetwater swore it was not implementing the unconsented August 4, 2025 IEP, and an email calling it the "current IEP 2025" did not show a dispute.
2025
- Order Denying Motion for Stay PutOAH 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.
- Order Denying Motion for Stay PutOAH denied Student's stay put motion because Parents consented on November 6, 2025 to amended IEPs adding 420 weekly pull-out minutes, and Buckeye implemented them before the complaint was filed.
- Order Denying Motion for Stay PutOAH denied Student's stay put request to return to Sundahl Elementary because Student had attended the identical intensive special day class at Folsom Hills for months before filing, and no material program change was shown.
- Order Denying Motion for Stay Put Regarding School DayOAH denied Student's stay put motion for the school day because the April 2025 settlement agreement was not an IEP and expressly said its services would not be stay put.
- Order Denying Motion for Stay Put Regarding Afterschool ProgramOAH denied Student's stay put request to return to the ELOP afterschool program because Student had no IEP, and the program was not a special education placement protected by stay put.
- Order Denying Motion for Stay PutOAH denied Student's request for a stay-put order moving him to Buchanan High School because his last agreed-upon and implemented IEP names Clovis West as his school placement.
- Order Denying Motion for Stay Put Regarding Behavior Intervention TechnicianOAH denied Student's stay put request for a behavior intervention technician because her consented-to IEPs required only one-to-one classroom support, with no aide training or qualification requirement.
- Order Following Prehearing Conference for Hearing by Videoconference and Granting Motion for Stay PutOAH granted Student's unopposed stay put motion, keeping in place the services and accommodations in Student's last agreed-upon and implemented IEP, dated December 12, 2018.
- Order Denying Motion for Stay Put Without Prejudice, Denying Student's Request to Add Issues to His Due Process ComplaintOAH denied Student's stay put motion without prejudice because Student did not provide the last consented-to and implemented IEP, and refused to add a new weighted-vest issue days before hearing.
- Order Denying Request for Interim Relief of Placement at Northgate High School and Denying Request for Stay Put ReconsiderationOAH denied Student's request for interim placement at Northgate High School and reconsideration of a prior stay put denial, finding no legal authority for the relief and no new facts or law.
- Order Denying Motion for Stay Put at Northgate High SchoolOAH denied Student's stay put request for Northgate High School because Student never attended Northgate, and ordered Mount Diablo to implement the June 21, 2024, IEP amendment as closely as possible in high school.
- Order Denying Motion for Stay PutOAH denied Student's stay put request to remain at Third Street Elementary because her placement was the transitional kindergarten preschool program, which she aged out of, not the school site.
- Order Denying Motion for Stay Put Without PrejudiceOAH denied Student's stay put motion without prejudice because Student did not attach the last agreed-upon IEP, leaving OAH without the evidence it needed to decide the motion.
- Order Granting Request for Reconsideration and Denying Motion for Stay PutOAH granted reconsideration but again denied stay put. Student had not been found eligible for special education and did not allege a code-of-conduct violation leading to disciplinary removal.
- Order Granting Motion for Stay PutOAH granted Student's stay put motion, keeping Student in a special day class at Evans Ranch Elementary because two similar special education classrooms remained open there after Menifee closed Student's class.
- Order Granting Motion for Stay PutOAH 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.
- Order Denying Motion for Stay Put Without PrejudiceOAH denied Student's stay put motion without prejudice because Student did not attach a copy of the last agreed upon and implemented IEP and so did not prove what the stay put placement was.
- Order Granting Motion for Stay PutOAH granted Student's stay put motion, ruling the March 30, 2025, IEP was Student's last agreed-upon and implemented placement, not a temporary diagnostic placement as Valley Oaks and Kern County argued.
- Order for Additional Information Regarding Motion for Stay PutOAH 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.
- Order Denying Motion for Stay PutOAH denied Student's stay put motion because Student did not prove which IEP was last agreed upon and implemented. The submitted December 2023 IEP showed no Parent consent, and the May 2025 IEP was unconsented.
- Order Denying Motion for Stay PutOAH denied Student's stay put motion because Student had been assessed and found not eligible for special education, and OAH lacks jurisdiction over Section 504 and McKinney-Vento claims.
- Order Denying Motion for Stay PutOAH 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.
- Order Granting Request for Reconsideration and Denying Motion for Stay-PutOAH reconsidered but again denied Student's stay-put motion, holding that Parent's failure to read the entire June 17, 2025 IEP amendment did not invalidate Parent's consent to its new placement.
- Order Following Prehearing Conference for Expedited Hearing by Videoconference and Granting Motion for Stay PutOAH granted Student stay put at Redondo Beach under his April 3, 2025 IEP even though the district revoked his interdistrict permit, because stay put bars districts from unilaterally changing placement during litigation.
- Order Denying Motion for Stay PutOAH denied Student's stay put motion seeking to keep a specific one-to-one aide, finding stay put covers the aide service in the IEP, not a particular named person or agency.
- Order Denying Motion for Stay PutOAH denied Student's request to make a parent-chosen private school the stay put placement, because stay put must be based on an IEP placement the district agreed to, not a parent's unilateral placement.
- Order Denying Motion for Stay PutOAH denied Student's stay-put motion because Los Banos Unified agreed it would keep implementing her CALO placement and had not moved to graduate or exit her, so no actual dispute existed.
- Order Granting Motion for Stay PutOAH granted Student's stay put motion, finding Student's stay put placement is the August 21, 2023 IEP that Parents consented to on September 9, 2023, the last agreed-upon and implemented IEP.
- Order Denying Motion for Stay PutOAH denied Student's stay-put request to remain in Orcutt because Parents had consented to a June 2025 IEP amendment placing Student in his district of residence, Santa Maria-Bonita, for 2025-2026.
- Order Denying Motion for Stay PutOAH denied Student's request for stay put at Hope Technology School because the prior decision awarded Hope reimbursement only as compensatory education and never found Hope offered a FAPE or named it the stay put placement.
- Order Denying Motion for Stay PutOAH denied Student's stay put motion because Mountain View agreed Student would stay in his current Ranch View placement, so no dispute existed, and the new-year services had never been implemented.
- Order Denying Motion for Stay PutOAH denied Student's stay put motion seeking one-to-one educational specialist services because Student did not submit the last agreed-upon IEP and the settlement agreement expressly excluded those services from stay put.
- Order Granting Motion for Stay PutOAH granted stay put in Student's March 7, 2024 IEP but allowed a new location with a comparable program, because the mild-moderate class at Student's elementary school was closing for sixth grade.
- Order Denying Motion for Stay PutOAH denied Student's stay put motion seeking continued placement at Change Academy at the Lake of the Ozarks because Los Banos Unified agreed it would keep implementing that placement, so no actual dispute existed.
- Order Denying Student's Emergency Motion for Interim ReliefOAH denied Student's emergency motion to move from a nonpublic school to home hospital, ruling it lacks authority to change a stay put placement before a decision after hearing.
- Order Requiring Additional Evidence to Determine Stay PutOAH deferred ruling on Student's stay put motion and ordered Student to file the last signed and implemented IEP by June 26, 2025, because the motion attached no evidence of the last agreed-upon placement.
- Order Denying Motion for Stay PutOAH denied Student's stay put motion without prejudice because Student did not show the last agreed-upon and implemented IEP; the IEP submitted showed Parent attended but did not consent.
- Order Denying Motion for Stay Put at the Phillips AcademyOAH denied Student's request for stay put at The Phillips Academy because it was never Student's implemented placement and the IEP team had not yet met to discuss moving Student there.
- Order Denying Motion for Stay PutOAH denied Student's stay put motion because the last agreed-upon and implemented IEP placed Student at Port View Preparatory, the district was still implementing it, and no actual stay put dispute existed.
- Order Granting Motion for Stay PutOAH granted Student stay put to 1,440 weekly minutes of live, real-time CART transcription. San Dieguito's computer-assisted captioning, with transcripts used as study aids, did not match the last agreed-upon and implemented IEP.
- Order Denying Motion for Stay PutOAH denied Student's stay put motion because Piedmont Unified may keep Student in a 45-school-day disciplinary interim placement for alleged drug sales, regardless of manifestation, until it expires or expedited claims are decided.
- Order Granting in Part Motion for Stay PutOAH granted Student's stay put motion in part, ordering Community Roots Academy to implement the September 18, 2024 IEP because Student did not prove Parent consented to the later February 2025 amendment.
- Order Granting Motion for Stay PutOAH granted Student stay put at Wiseburn Middle School, rejecting the District's move to independent study because the last agreed and implemented IEP kept Student at the comprehensive middle school pending nonpublic school enrollment.
- Order Denying Motion for Stay PutOAH denied Student's stay put motion seeking to keep a specific one-to-one aide, because the IEP named neither the aide nor the agency, and stay put covers the service, not a particular person.
- Order Granting Motion for Stay PutOAH granted Student stay put at Fontana Unified, ruling that the district's revocation of Student's interdistrict transfer permit after the due process filing cannot override IDEA stay put protections.
2024
- Order Granting Motion for Stay PutOAH ordered San Dieguito to keep providing live CART transcription as stay put because the last agreed-upon and implemented IEP explicitly called for it, rejecting the district's claim that CART was a discretionary methodology.
- Order Denying Motion for Stay PutOAH denied Student's stay put motion because the Sonday Reading Program appeared only in the IEP's present levels section, not in the offer of services, so it is not part of stay put.
- Order to Produce Supplemental EvidenceOAH ordered Student to produce a complete copy of the last agreed-upon and implemented IEP by January 12, 2025, or the stay put motion will be denied.
- Order Denying Motion for Stay PutOAH denied Student's stay put motion because the residential treatment placement was an interim placement with a set end date, though Student may remain there through November 29, 2024.
- Order Denying Motion for Stay Put Without PrejudiceOAH denied Student's stay put motion without prejudice because Student did not attach the November 15, 2023 IEP or otherwise prove it was the last agreed-upon and implemented IEP.
- Order Granting Motion for Stay PutOAH granted Student's stay put motion, rejecting Fremont's argument that a year in private school exited Student from special education, because Parents never revoked consent in writing.
- Order Denying Request for ReconsiderationOAH denied Student's request to reconsider the stay put denial because Student offered no new facts or law, and after-school mental health counseling was never written into the stay put IEP.
- Order Requiring Additional Evidence to Determine Stay PutOAH deferred ruling on Student's unopposed stay put motion and ordered Student to file the last signed and implemented IEP by September 26, 2024, or the motion will be denied.
- Order Denying Motion for Stay PutOAH denied Student's stay put request for educationally related mental health counseling because the last agreed-upon and implemented IEP from Ramona Unified never included that service.
- Order Granting Motion for Stay PutOAH granted Student's stay put motion, keeping her at Lafayette's Stanley Middle School under her March 2024 IEP, because Martinez showed no recognized exception allowing it to move her to its own campus.
- Order Granting Motion for Stay PutOAH granted Student's stay put motion but placed her in first grade, not kindergarten, because she had turned six and California law requires six-year-olds to be admitted to first grade.
- Order Denying Motion for Stay Put Without Prejudice as MootOAH denied Student's stay put motion as moot because Santa Monica let Student return to his high school placement on provisional enrollment and committed to implementing his IEP after the family moved.
- Order Denying Motion for Stay PutOAH denied Student's stay put motion because Student did not prove which IEP was the last one consented to and implemented, after filing five IEPs without identifying the controlling one.
- Order Granting Student's Motion for Stay PutOAH granted stay put for an unvaccinated Student, holding Dry Creek cannot move him from general education to independent study because the IEP vaccination exemption protects his full IEP placement.
- Order Requiring Additional Evidence for Stay Put DeterminationOAH deferred ruling on Student's stay put motion and ordered Student to file the last signed and implemented IEP, because the motion attached no IEP to show the current placement.
- Order Requiring Additional Evidence for Stay PutOAH deferred ruling on Student's unopposed stay put motion and ordered Student to file the last consented-to and implemented IEP, because the attached signatures showed only Parents' attendance, not their consent.
- Notice of No Action on Student's Third Motion for Stay Put and Notice of No Action on Palo Alto Unified School District's Motion to ContinueOAH took no action on Student's third stay put motion because stay put had already been decided twice. It also took no action on Student's filing about a continuance motion already ruled on at the prehearing conference.
- Order Granting Motion for Stay PutOAH granted stay put on Student's last agreed preschool IEP but allowed San Diego to implement it in a kindergarten special day class, because grade advancement changes circumstances and the programs were substantially similar.
- Order Granting Motion for Stay PutOAH granted Student's stay put motion, keeping Student at nonpublic school Koonings, because the District's own unilateral cancellation of its NPS contract cannot change Student's current placement.
- Order Granting Motion for Stay PutOAH granted Student stay put at the Koonings Center nonpublic school, ruling that San Diego's own termination of its contract with the school is not a changed circumstance that lets it move Student.
- Order Denying Motion for Stay Put Without PrejudiceOAH denied Student's stay put motion without prejudice because Student attached only an unsigned two-page IEP revision, not the last agreed-upon and implemented IEP, and the CDE report suggested Loyola was temporary.
- Order Denying Motion for Stay PutOAH denied Student's stay-put motion for a closer school. Because Student is moving into ninth grade, stay put is the closest Madera-Mariposa SELPA emotional disturbance program designed for high school students.
- Order Denying Motion for Stay Put and Denying Motion to Stay Expulsion ProceedingsOAH denied Student's stay put motion because stay put does not block disciplinary removals pending a manifestation appeal, and denied a stay of expulsion because OAH lacks jurisdiction over expulsion proceedings.
- Order Denying Motion for Stay PutOAH denied Student's stay put motion without prejudice because Student did not attach the May 31, 2024 IEP or submit a declaration under penalty of perjury to support the claimed placement.
- Order Denying Motion for Stay PutOAH denied Student's stay put motion without prejudice because Student did not attach the claimed May 31, 2024 IEP or a sworn declaration, and the motion named a different student.
- Order for Parties to Supplement the Record Regarding Motion for Stay PutOAH ordered both sides to file the IEPs they say control Student's stay put placement by August 9, 2024, because neither side attached the IEPs to its stay put papers.
- Order Granting Motion for Stay PutOAH granted Student stay put at the Koonings nonpublic school because San Diego's own decision to end its contract with that school cannot change Student's current placement during a dispute.
- Order Granting Motion for Stay PutOAH ordered New Bridge Academy as Student's stay put placement, ruling that San Diego's one-sided termination of its contract with the nonpublic school could not change Student's current placement.
- Order Requiring Additional Evidence for Stay Put DeterminationOAH held off on Student's stay put motion and ordered Student to file the last signed and implemented IEP, because no IEP was attached to show the current placement.
- Order Granting Request for Reconsideration and Denying Motion for Stay PutOAH granted Student's reconsideration request based on a newly raised PACE NPS offer but again denied stay put, because Student gave no information showing the new school was not comparable to the prior NPS.
- Order Denying Motion for Stay PutOAH denied Student's request to keep a private school as stay put because the prior settlement agreement expressly said the placement was not stay put and limited it to one year.
- Order Denying Motion for Stay PutOAH denied Student's stay put motion because the special day class placement at Jane Lathrop Stanford Middle School was expressly temporary, so the June 29, 2023 IEP's nonpublic school placement remains stay put.
- Order Denying Motion for Stay PutOAH denied Student's stay put motion because after-school transportation to a pediatric day care was an informal arrangement, not a service written into Student's last agreed-upon IEP.
- Amended Order Granting Motion for Stay PutOAH granted stay put for a deaf Student exited from special education. San Marcos must keep providing the October 20, 2022 IEP's services, except audiology services that the IEP set to end that day.
- Order Denying Motion for Stay PutOAH denied Student's stay put motion without prejudice because Student did not produce an IEP showing the last agreed upon and implemented placement.
- Order Denying Motion for Stay PutOAH denied Student's stay put motion because disagreement with Poway's later IEP offers is not a stay put dispute, and Poway confirmed it was implementing the operative December 2022 IEP.
- Order Granting Motion for Stay PutOAH granted Student's stay put motion and ordered Tustin to reverse its revocation of Student's interdistrict transfer. Tustin's argument that OAH lacks jurisdiction raised factual disputes that must be decided at hearing.
- Order Granting Motion for Stay PutOAH granted Student's unopposed stay put motion, setting stay put as the April 2022 IEP amendments Parent partially consented to, delivered in general education, because the district's non-opposition amounted to agreement on that setting.
- Order Denying Motion for Stay PutOAH denied Student's stay put request to return to Rolando Elementary after his intra-district transfer was revoked following a discipline incident, because stay put does not apply during an expedited appeal of disciplinary action.
- Amended Order Denying Motion for Stay PutOAH denied Student's request to make a private school the stay put placement. Parents chose that school on their own, and no agreement or decision ever named it as stay put.
- Order Denying Motion for Stay PutOAH denied Student's request to make Winston School stay put. A unilateral private placement is not stay put without the parties' agreement or an order naming it, even after a reimbursement award.
- Order Denying Motion for Stay PutOAH denied Student's unopposed stay put motion to return to middle school classes after a disciplinary removal, because the IDEA's discipline rules, not general education suspension-extension rules, control placement during an expedited manifestation appeal.
- Order Denying Motion for Stay PutOAH denied Student's stay put motion for a one-to-one behavioral aide. The aide came from a temporary settlement agreement that said it was not stay put, and the last agreed-upon IEP did not include an aide.
- Order Granting Motion for Stay PutOAH granted stay put in an unvaccinated Student's general education transitional kindergarten placement, holding that the Health and Safety Code's IEP exception covers the whole IEP, including the general education placement.
- Order Granting Motion for Stay PutOAH granted stay put returning an unvaccinated kindergartner with an IEP to in-person school. The immunization law's IEP exception does not bar access to IEP services, and Corona-Norco cited no authority overriding stay put.
- Order Granting Motion for Stay PutOAH granted Student stay put in home hospital instruction under the August 29, 2023 IEP amendment, rejecting Alta Loma's claim the placement was temporary because no agreed end date existed.
- Notice of No Action Regarding Motion for Stay Put and Motion to Compel a ResponseOAH took no action on Student's stay put motion and motion to compel because the hearing dates were vacated after the parties reported a settlement pending board approval.
- Order Granting Motion for Stay PutOAH ordered Salinas to provide a full-day one-to-one aide as stay put, holding that a district's failure to hire the aide its agreed IEP offered does not remove the aide from Student's placement.
- Order Denying Student's Second Motion for Stay PutOAH denied Student's second stay put motion because Student relied on a January 2023 preschool IEP without explaining why the later-consented May 2023 transitional kindergarten IEP was not the stay put placement.
2023
- Order Granting Motion for Stay PutOAH ordered Mt. Diablo to keep serving Student at El Monte Elementary during the case, because that is where his last agreed-upon IEP was implemented and no stay-put exception applied.
- Order Denying Motion for Stay PutOAH denied Student's stay put motion because Student did not show a placement dispute existed and did not attach the complete June 1, 2023 IEP that Student claimed was the stay put placement.
- Order Denying Motion for Stay Put Without PrejudiceOAH denied Student's stay put motion without prejudice because Student did not explain how services had 'stopped' after the move to transitional kindergarten, or why the January IEP controlled over the later-consented May IEP.
- Order Granting Motion for Stay PutOAH granted Student's stay put motion, ruling that Lodi's proposed special day class did not replicate Student's inclusive preschool placement as closely as possible during the move to kindergarten.
- Order Granting Motion for Stay PutOAH granted Student's stay put motion, keeping her at Mission San Jose High School because her last agreed-upon IEP named that school, even though District said attendance was only an intra-district transfer.
- Order Denying Motion for Stay Put as MootOAH denied Student's stay put motion as moot because Student withdrew it after the parties reached an interim settlement agreement.
- Order Granting Motion for Stay PutOAH granted Student's stay put motion even though Brea Olinda agreed stay put applied, because stay put is a statutory entitlement whenever a dispute exists, and the due process filing shows one.
- Order Denying Motion for Stay PutOAH denied Student's stay put motion because school was out for summer, Student had no summer IEP services, and OAH had no authority to issue a stay put order just to block a possible future expulsion.
- Order Granting in Part and Denying in Part Motion for Stay PutOAH denied stay put at a nonpublic school that ended Student's service agreement, but ordered Chula Vista to keep all IEP services and provide a comparable nonpublic school placement during the dispute.
- Corrected Order Granting in Part and Denying in Part Motion for Stay PutOAH denied Student's request for stay put in a general education class but ordered Salinas to provide IEP math and counseling services at home, Student's interim setting, while a pending expedited discipline appeal continues.
- Order Granting in Part and Denying in Part Motion for Stay PutOAH denied Student's stay put request for a general education class, because his home was already set as his interim placement in a pending discipline appeal, but ordered Salinas to provide his IEP services at home.
- Order Denying Amended Motion for Stay PutOAH denied Student's amended stay put motion seeking to block his high school diploma, finding no evidence of a placement dispute and no legal basis to bar a district from awarding a regular diploma.
- Order Granting Motion for Stay PutOAH granted Student stay put at her Newhall school, blocking disenrollment under an interdistrict permit revocation because Newhall cited no authority that permit terms override IDEA stay put protections.
- Order Granting Motion for Stay PutOAH granted Student stay put at Harbor View Elementary, the school named in the last agreed-upon and implemented IEP, despite Newport-Mesa's claim that a revoked intra-district transfer made his new neighborhood school the stay put placement.
- Order Denying Motion for Stay PutOAH denied Student's stay put request at Fusion Academy – Berkeley because Oakland never offered or implemented that private school as Student's IEP placement; the IEP offered Life Academy.
- Order Granting Motion for Stay PutOAH granted Student's stay put motion and ordered Antioch to keep implementing Student's IEP and nonpublic school placement, because Antioch developed and has been implementing that IEP, despite Antioch's residency dispute.
- Order Denying Motion for Stay PutOAH denied Student's stay put motion because a signed expulsion stipulation placed Student on long-term independent study through June 2023, so the parties had agreed to a placement other than the IEP.
- Order Denying Motion for Stay PutOAH denied Student's stay put request for a private school because Parents placed Student there unilaterally and Bayhill was never the placement in a last agreed-upon and implemented IEP.
- Order Requiring Supplemental EvidenceOAH deferred ruling on Student's stay put motion and ordered Student to file the last agreed upon and implemented IEP, which was missing from the motion, with district responses to follow.
- Order Denying Motion for Stay PutOAH denied Student's stay put request for a non-public school because Student offered no legal authority that his Illinois 'private day school or out of state' placement met California's definition of a certified non-public school.
- Order Denying Second Motion for Stay PutOAH denied Student's second stay put motion because Mother's consent alone validly exited Student from special education, making Student a general education child without stay put rights, and the later custody order did not change that.
- Order Denying Motion for Stay PutOAH denied Student's stay put motion because moving Student to a different autism core special day class, taught by a credentialed special education teacher with an autism certification, did not change Student's placement.
- Order Granting Motion for Stay PutOAH ordered Santa Barbara to return a suspended Student to his IEP placement because the district did not follow the procedures for extending a suspension pending expulsion, and Zoom instruction did not meet his IEP needs.
- Order Granting Motion for Stay PutOAH ordered Westside Union to return Student to her middle school because it extended her suspension indefinitely without following required procedures or getting an OAH order for a removal over 10 days.
- Order Denying Motion for Stay PutOAH denied Student's stay put motion without prejudice because no competent declaration established the last agreed-upon IEP, but rejected Saddleback Valley's claim it could exit Student from special education while due process was pending.
- Order Denying Motion for Stay PutOAH denied Student's stay put motion as moot because Parents had withdrawn Student from Fallbrook to attend an unaffiliated charter school, and Student had been exited from special education years earlier.
- Order Denying Motion for Stay PutOAH denied Student's stay put motion without prejudice because Student offered no signed consent proving the May 19, 2020 IEP was the last agreed-upon and implemented IEP.
2022
- Order Granting Motion for Stay PutOAH granted an expelled Student stay put, ordering Gilroy to provide the services in her last agreed-upon IEP because a district's duty to provide special education continues during and after any interim placement period.
- Order Denying Motion for Stay PutOAH denied Student's stay put motion seeking Winston School, holding that a prior decision awarding tuition reimbursement for the private school did not make it Student's stay put placement.
- Order Denying Motion for Stay PutOAH denied Student's stay put request for a one-to-one nurse at high school because the last agreed-upon and implemented IEP had classroom staff, not a one-to-one nurse, meet her health needs.
- Order Granting Motion for Stay PutOAH granted Student's stay put at Creative Learning Center, rejecting San Jose's claim that difficulty hiring a transportation aide was a 'changed circumstance' allowing it to move Student to a comparable placement.
- Order Granting Motion for Stay PutOAH granted Student's stay put motion, making the special day class at Walgrove the stay put placement because IDEA stay put protections are broader than Los Angeles's provisional inter-district permit.
- Order Denying Motion for Stay PutOAH denied Student's request to stay in eighth grade as stay put, finding that stay put covers normal grade advancement, so a ninth-grade mild/moderate special day class keeps the last agreed placement.
- Order Granting Student's Stay Put MotionOAH ordered Los Angeles to keep funding Student's nonpublic school placement as stay put, finding that ending its master contract with the school was not like a budget-driven school closure.
- Order Granting Motion for Stay PutOAH granted Student's stay put motion, ordering Los Angeles to keep funding Student's nonpublic school placement because ending its master contract with the school was not like a budget-driven school closure.
- Order Granting Motion for Stay PutOAH granted Student's stay put motion, keeping Student at Center for Learning Unlimited because the settlement only said stay put would be 'a nonpublic school' and neither named nor excluded a specific school.
- Order Denying Motion for Stay PutOAH denied Student's stay put motion, finding one-to-one instruction from a private tutor was not part of the April 2019 IEP and an administrator's temporary funding promise did not become stay put.
- Order Denying Motion for Stay PutOAH denied Student's stay put motion for general education kindergarten, finding Del Mar's special education CCI kindergarten program more closely replicates Student's preschool inclusion placement, which was a special education classroom with peer models.
- Order Granting Motion for Stay PutOAH granted Student's stay put motion, ordering placement and services at Rocklin High because the last agreed-upon IEP named that school, though a change of teacher alone was not a placement change.
- Order Granting Motion for Stay PutOAH granted Student's stay put motion and ordered Sylvan to provide a program that matches Student's last implemented IEP as closely as possible, even though no autism-specific middle school class exists.
- Order Denying Motion for Stay PutOAH denied Student's stay put motion because Student offered no evidence that Compton Unified was refusing, or would refuse, to keep providing the last implemented IEP services during summer break.
- Order Denying Second Motion for Stay PutOAH denied Student's second stay put motion because Student again failed to prove the last agreed-upon and implemented IEP, attaching only an incomplete, unsigned IEP amendment.
- Order Denying Motion for Stay PutOAH denied Student's stay put motion without prejudice because Student attached neither the last agreed-upon and implemented IEP nor a sworn statement supporting the motion.
- Order Denying Motion for Stay PutOAH denied Student's stay put motion because the January 2022 IEP, which Parent signed, was the last agreed upon and implemented IEP, and Student showed no actual dispute over extended school year services.
- Order Denying Motion for Extended School Year Stay PutOAH denied Student's request for stay put in Cowan Elementary's general education summer school, because that program offers no special education services and is not extended school year under the IEP.
- Order Denying Motion for Stay PutOAH denied Student's request for stay put funding at Telos Academy because Parents placed Student there unilaterally and no district ever agreed to or implemented that residential placement through an IEP.
- Order Denying Motion for Stay PutOAH denied stay put in a July–August extended school year program because Student turned 22 in May and his eligibility ended June 30, 2022, which an IEP cannot extend.
- Order Requiring Additional Evidence for Stay PutOAH deferred ruling on Student's stay put motion and ordered Student to file the complete last agreed-upon and implemented IEP, because the attached partial IEPs did not show the placement claimed.
- Order Granting Motion for Stay PutOAH granted Student's stay put motion, ruling that Ross Valley must provide the extended school year services in Student's IEP even though it could not hire a special day class teacher.
- Order Granting Motion for Stay PutOAH granted Student's stay put motion because Ross Valley had not provided the extended school year services in the last agreed-upon IEP, citing its inability to hire a qualified teacher.
- Order Granting Motion for Stay PutOAH granted Student stay put in his high school placement under the April 7, 2022 IEP. He had not graduated when he filed, and he is challenging whether awarding his diploma violated the IDEA.
- Order Requiring Additional Evidence for Stay PutOAH deferred ruling on Student's stay put motion and ordered Student to file the last signed and implemented IEP, because the motion attached no documents showing the current placement.
- Order Denying Motion for Stay Put at the Cook Educational CenterOAH denied Student's request to make the Cook Educational Center Student's stay put placement because Student never attended that school and stay put cannot be ordered at a future placement.
- Order Denying Motion for Stay PutOAH denied Student's request for an at-home distance learning stay put placement because Parent's agreement with the prior district for at-home services was never written into an IEP.
- Order Granting Motion for Stay PutOAH granted Student's stay put motion, ordering a nonpublic residential placement with related services even though the Texas facility could no longer serve Student and no comparable placement had been found.
- Order Determining Stay Put PlacementOAH denied Student's request for a general education stay put placement. Parent's partial consent to the 2021 IEP came after Student stopped attending school, so the district never implemented that IEP.
2021
- Order Denying Motion for Stay PutOAH denied Student's stay put motion seeking to let Parent escort Student on campus, because the last agreed-upon IEP provides district transportation and OAH cannot override a Superior Court restraining order.
- Order Denying Motion for Stay PutOAH denied Student's stay put request for continued nonpublic agency speech therapy because the IEP clearly labeled the 100-hour block as compensatory and temporary, with a December 31, 2021 expiration.
- Order Denying Motion for Stay PutOAH denied a 22-year-old Student's renewed stay put motion because no current dispute over IEP implementation existed and state law ends special education eligibility on December 31 for students turning 22 that fall.
- Order Granting Request for Reconsideration and Affirming and Modifying Prior OrderOAH reconsidered but kept Mardan School as Student's stay put placement, finding Mardan accepted Student and Parents declined to enroll over an independent-study request, while adding omitted IEP services.
- Order Granting Motion for Stay PutOAH granted stay put and ordered Temecula Valley to re-enroll Student, finding the family's temporary hotel stay after a home flood did not change residency.
- Order Granting Motion for Stay PutOAH granted Student stay put at Mardan School under the April 26, 2021 IEP as amended by a settlement, leaving the district's waiver argument for the due process hearing.
- Order Granting in Part and Denying in Part Student's Motion for Stay PutOAH confirmed Student's stay put services from the October 2020 IEP but allowed Los Angeles to deliver them at Leichy Middle School, because Virgil Middle School no longer has the special day class.
- Order Denying Motion for Stay PutOAH denied Student's request for at-home stay put under a COVID distance learning plan, holding stay put is in-person placement at O'Hara Park Middle School, the comparable placement to the last agreed elementary placement.
- Order Denying Motion for Stay PutOAH denied Student's second stay put motion, holding that pandemic distance learning and an IEP distance learning plan are not stay put once the district reopened for in-person instruction.
- Order Granting Motion for Stay PutOAH granted Student's stay put motion based on the June 3, 2021 IEP, keeping Student at Eagle Rock High School, but refused to include compensatory occupational therapy from an earlier IEP.
- Order Denying Student's Motion for Stay Put Without PrejudiceOAH denied Student's stay put motion without prejudice because the only support was an attorney's hearsay declaration, with no copy of the last agreed-upon IEP or other referenced documents attached.
- Order Denying Motion for Stay PutOAH denied Student's stay put motion because no IEP documents were attached, so the last agreed-upon and implemented placement could not be determined.
- Order Denying Motion for Stay PutOAH denied Student's stay put motion because Los Angeles showed by sworn declaration that Student was no longer being removed from class and had returned to her current placement, ending the dispute.
- Order Granting Motion for Stay PutOAH granted Student's stay put motion at the Widney Center visually impaired program but refused to decide whether stay put continues after Student's age-out date of December 31, 2021, calling that question unripe.
- Order Granting Motion for Stay PutOAH granted stay put, finding that the informal independent study program Encino Charter actually provided and Parents accepted for more than a month was Student's stay put placement, and ordered Student re-enrolled.
- Order Granting Motion for Stay PutOAH granted Student's stay put motion, ruling Student may stay at Caleb Greenwood because he began the school year there and the school remains open, despite the District's overenrollment.
- Order Granting Motion for Stay Put in PartOAH ordered San Marcos to provide 420 daily minutes of individual health and nursing services under Student's March 2021 IEP but refused to require a licensed vocational nurse because the IEP did not specify one.
- Order Granting Request for Reconsideration and Modifying September 13, 2021 Order Granting Motion for Stay PutOAH granted Los Angeles's reconsideration request and narrowed Student's stay put transportation to exactly what the IEP said, because the IEP marked transportation 'None' except for extended school year.
- Order Granting Motion for Stay PutOAH granted stay put requiring Fremont to provide services comparable to Student's last agreed Cupertino IEP, including 1690 minutes of behavior specialist services, after Student transferred districts between school years.
- Order Granting Motion for Stay PutOAH granted Student's stay put motion, ordering Sonoma Charter to keep providing 300 daily minutes of virtual Lindamood-Bell instruction at home because the last agreed-upon IEP never described those services as temporary.
- Order Denying Motion to CompelOAH denied Student's motion to compel Los Angeles to provide stay put behavior services because the parties' factual dispute cannot be resolved by motion and OAH lacks jurisdiction to enforce its own orders.
- Order Granting Motion for Stay PutOAH granted stay put in Student's special day class with group instruction and bus transportation, finding LAUSD's internal nursing guidance on aerosol-generating procedures was not a system-wide decision that overrides stay put.
- Order Denying Motion for Stay PutOAH denied Student's stay put motion because Oxnard showed it was in the process of implementing the May 26, 2021 IEP from the prior district and Student did not allege an actual dispute.
- Order Granting Motion for Reconsideration and Granting Motion for Stay PutOAH reversed its denial of stay put as moot and ordered Los Angeles Unified to implement Student's February 10, 2021 IEP, after Student showed the new high school refused one-to-one behavior services despite the District's non-opposition.
- Order Denying Motion for Stay PutOAH denied Student's stay put motion because the non-public school placement at Foundations was agreed to only as a temporary placement, so stay put remains District's program at Bernardo Elementary.
- Order Denying Motion for Stay PutOAH denied Student's stay put request for a one-to-one aide at Mauzy School because the aide was only a temporary distance-learning offer, not part of the operative 2019 IEP or the settlement agreement.
- Order Granting Motion for Stay PutOAH granted Student's stay put motion but refused to keep Student in kindergarten. Stay put is a collaborative classroom adjusted for advancement to the next grade, with the last agreed services and minutes.
- Order Granting Motion for Stay PutOAH granted Student's renewed stay put motion and barred South San Francisco from issuing a diploma, or ordered any issued diploma held in abeyance, because the amended complaint directly challenged the graduation.
- Order Granting Motion for Stay PutOAH granted Student's stay put motion, ruling that Student, who transferred districts mid-year, must stay at Port View Preparatory or a comparable nonpublic school rather than Saddleback Valley's public school interim placement.
- Order Denying Motion for Stay PutOAH denied Student's stay put motion seeking eight-week ESY services from a 2019 IEP because Parent later signed a January 2020 IEP, and Student showed no refusal to implement that IEP.
- Order Denying Motion for Stay PutOAH denied Student's stay put motion to block her regular high school diploma because she met diploma requirements before filing and her complaint did not challenge her credits or diploma eligibility.
- Order Denying Motion for Stay PutOAH denied Student's stay put motion because San Diego Unified agreed Devereux was the stay put placement and was still funding it, so there was no real dispute to resolve.
- Order Denying Motion for Clarification of Stay Put OrderOAH refused to clarify its stay put order to require San Diego to pay for Parents' substitute services, because deciding whether those services were comparable and appropriate requires an evidentiary due process hearing.
- Order Granting Motion for Stay PutOAH granted Student stay put at Alpine Academy, a residential treatment center, finding Ukiah Unified impliedly consented to the unilateral placement by waiting about five months to make an offer.
- Order Granting Motion for Stay Put in PartOAH barred Redondo Beach from exiting Student through a diploma while his due process case is pending, but denied his request for a nonpublic school stay put placement his IEP never provided.
- Order Granting Motion for Stay PutOAH ordered Santa Clara County Office of Education and Oak Grove School District to provide in-person licensed vocational nurse services at home during distance learning, finding distance learning without the nurse was not comparable.
- Order Granting Motion for Stay PutOAH granted Student's stay put motion and ordered San Diego to quickly secure a comparable residential placement, because Student's out-of-state residential treatment center ended services and the status quo no longer existed.
- Order Granting Motion for Stay PutOAH granted Student stay put in a special day class, adjusted for kindergarten minutes, because the September 2019 preschool IEP was the last agreed-upon and implemented placement.
- Order Granting Request for Reconsideration and Partially Granting Motion for Stay PutOAH granted reconsideration and partially granted stay put. Parent's declaration showed Orcutt gave no virtual instruction, so Orcutt must provide 300 daily minutes of specialized academic instruction in person or virtually.
- Order Denying Motion for Stay PutOAH denied Student's stay put motion seeking full-day in-person instruction because Orcutt may implement the last agreed IEP through a mix of distance and in-person learning under COVID-19 health guidance.
2020
- Order Denying Motion for Stay PutOAH denied Student's stay put motion seeking district-funded in-home nursing during COVID-19 distance learning, finding the request would change, not preserve, the last agreed-upon IEP's placement.
- Order Denying Motion for Stay PutOAH denied Student's stay put motion seeking in-home one-to-one aide services during distance learning, because stay put is the last agreed-upon IEP as written and cannot be modified by motion.
- Order Granting Motion for Stay PutOAH granted Student's stay put motion and ordered San Mateo to keep funding Futures Academy, finding Parent consented by enrolling Student and San Mateo implemented the placement by paying tuition.
- Order Denying Motion for Stay PutOAH denied Student's stay put motion because Parent consented to an IEP exiting Student from special education, and her later revocation of that consent did not undo the exit.
- Order Granting in Part and Denying in Part Motion for Stay PutOAH named Lindbergh Schweitzer Elementary as Student's stay put placement because the last agreed-upon and implemented June 2020 IEP listed it, but denied future transportation as not yet ripe.
- Order Denying Motion for Stay PutOAH denied Student's stay put motion seeking in-home behavior intervention services during COVID-19 closures because Culver City was implementing the last agreed-upon IEP through distance learning.
- Order Denying Motion for Stay PutOAH denied Student's request to add in-home one-to-one aide support to stay put during distance learning, holding stay put is the June 5, 2020 IEP as written and cannot be modified.
- Order Granting Motion for Stay PutOAH granted Student's second stay put motion, holding Mauzy School remains stay put because Contra Costa could not end its placement for Student alone by unilaterally terminating services despite COVID-19 closures.
- Order Partially Granting Motion for Stay PutOAH denied Student's request to make a special day class her stay put placement because the interim settlement that put her there said it would not count as stay put; stay put is the July 2017 IEP.
- Order Denying Request for ReconsiderationOAH denied Student's request to reconsider a stay put order because Student offered no new facts or law, and in-home behavior services were not part of the last agreed-upon and implemented IEP.
- Order Partially Granting Motion for Stay PutOAH partially granted Student's stay put motion after his move into a new district, keeping prior IEP service levels but placing him in South San Francisco's special day class with deaf/hard of hearing services and an interpreter.
- Order Denying Motion for Stay PutOAH denied Student's stay put motion seeking in-home, in-person speech and occupational therapy during COVID-19 distance learning, finding the request sought to modify the last agreed-upon IEP rather than enforce it.
- Order Denying Motion for Stay Put and for Injunctive ReliefOAH denied Student's second stay put motion seeking an in-person one-to-one behavioral aide during COVID-19 distance learning, finding the request would change the mode of service delivery rather than preserve the status quo.
- Order Denying Motion for Stay Put and for Injunctive ReliefOAH denied Student's motion for in-home one-to-one aide services as stay put during COVID-19 closures, because stay put preserves the last agreed-upon IEP and cannot be used to change it.
- Order Granting Request for ReconsiderationOAH reversed its earlier stay put denial and placed Student in the 5th grade in-person general education cohort. Parent's consent to a new IEP raising general education time to a majority was an 'agreement otherwise.'
- Order Denying Motion for Stay PutOAH denied stay put to a Student not yet eligible for special education because there was no IEP to serve as the stay put placement and no authority to reinstate her inter-district transfer.
- Order Granting Motion for Stay PutOAH granted Student's amended stay put motion. Stay put is the March 15, 2018 IEP, except speech services, which follow the March 23, 2017 IEP; the unsigned September 2018 IEP does not count.
- Order Denying Motion for Stay PutOAH denied Student's renewed stay put motion because, although the May 13, 2019 IEP is stay put as written, Student sought to change the one-to-one aide delivery model to in-home services during distance learning.
- Order Granting in Part and Denying in Part Motion for Stay PutOAH ordered Sequoia Union to provide a comparable non-public school placement as stay put for a student moving into high school, but denied the request to keep Student at Esther B Clark specifically.
- Order Denying Motion for Stay Put Without PrejudiceOAH denied Student's stay put motion without prejudice because the papers did not show which IEP or amendment was last agreed upon and implemented.
- Order Denying Motion for Stay Put Without PrejudiceOAH denied Student's stay put motion without prejudice because Student did not prove which IEP was the last agreed-upon and implemented IEP.
- Order Denying Motion for Stay PutOAH denied Student's stay put request for the in-person general education cohort because COVID-19 cohort requirements were a system-wide change, not a change in Student's educational placement.
- Order Denying Motion for Stay PutOAH denied Student's stay put motion without prejudice because Student offered no sworn declaration or authenticated evidence clearly identifying the last agreed-upon and implemented IEP.
- Order Denying Motion for Stay PutOAH denied Student's stay put motion because Student offered no sworn declaration showing the March 15, 2018 IEP was ever implemented, while Davis Joint Unified supported its opposition with a declaration.
- Order Denying Motion for Stay Put Without PrejudiceOAH denied Parents' unopposed stay put motion without prejudice because Student was over 18, and Parents showed no transfer of educational rights and did not attach the last agreed-upon IEP.
- Order Granting Motion for Stay PutOAH granted stay put but placed Student in the high school's Practical Math and Practical Reading classes, finding them the closest match to his middle school Directed classes, which the high school does not offer.
- Order Granting Requests for Reconsideration and Granting in Part and Denying in Part Motion for Stay PutOAH granted reconsideration so it could consider the agencies' timely oppositions. It kept the January 16, 2019 IEP as stay put but refused to order in-home services, because those were never implemented in the home.
- Order Denying Motion for Stay PutOAH denied stay put at a non-public school because Student had graduated with a regular diploma, leaving no operative IEP, and OAH lacks jurisdiction to decide whether that graduation was valid.
- Order for Additional InformationOAH ordered District to say whether Northwood High School offers a Directed English 9 & 10 class, and to whom, before ruling on Student's opposed stay put motion.
- Order Denying Motion for Stay PutOAH denied Student's stay put motion because Student did not identify the last agreed upon and implemented educational program and did not attach a copy of the IEP.
- Order Denying Motion for Stay PutOAH denied Student's stay put motion because Student did not identify the last agreed-upon and implemented educational program and did not attach a copy of the IEP.
- Order Granting Motion for Stay PutOAH ordered Inglewood to fund Student's nonpublic school placement at SmartStart as stay put because the February 2019 IEP was the last agreed-upon placement and Inglewood offered no admissible evidence against it.
- Order Granting Motion for Stay PutOAH granted Student stay put at Sage Canyon School because the IEP's offer of FAPE called for instruction in a 'separate classroom' at his school of attendance, not specifically a mild/moderate special day class.
- Order Denying Motion for Stay Put as MootOAH denied Student's stay put request as moot because the due process complaint had just been found insufficient, leaving no action pending before OAH.
- Order Granting Motion for Stay PutOAH ordered Pleasanton and Contra Costa to provide in-person stay put services during COVID-19 school closures, finding distance learning was not a comparable program and the pandemic creates no stay put exception.
- Order Denying Motion for Stay PutOAH denied Student's stay put motion, finding Fremont Union's non-categorical ACT special day class most closely replicated Student's middle school mild-to-moderate placement after his move to high school and a new district.
- Order Granting Motion for Stay PutOAH granted Student's stay put motion, requiring East Whittier to keep the specific aide provider named in a mediated agreement, because the agreement's 2019-2020 school year language did not make that provider temporary.
- Order Granting Motion for Stay PutOAH granted Student stay put at the Dubnoff School even though District issued a diploma, but denied stay put in a residential placement that District never offered and Parent never accepted.
- Order Granting Motion for Stay PutOAH granted Student stay put despite Sweetwater issuing a diploma, because Student challenged graduation readiness in an amended complaint filed before the diploma was issued.
- Order Denying Motion for Stay PutOAH denied Student's stay put motion because Los Angeles confirmed it would keep implementing the September 12, 2019 IEP, so no dispute existed over Student's current placement.
- Order Granting Motion for Stay PutOAH barred Newport-Mesa from graduating Student with a regular diploma while his due process case is pending, because stay put applies when a student challenges whether graduation is appropriate.
- Order Granting in Part Motion for Stay PutOAH barred West Covina from issuing Student's diploma pending hearing but ordered stay put in an age-appropriate program exclusively for students with disabilities, not continued placement at Frostig's grades 1-12 school.
- Order Granting Motion for Stay PutOAH barred Amador from issuing Student a regular high school diploma while his due process case is pending, holding that state law and district policy cannot override the IDEA's stay put protection.
- Order Granting Motion for Stay PutOAH barred Soledad from giving Student a regular high school diploma while his due process case is pending, because stay put protects students who challenge whether graduation is appropriate.
- Order Granting Motion for Stay Put in PartOAH ordered Los Angeles to expeditiously provide a comparable residential treatment center as stay put after Student aged out of Provo Canyon, but declined to order the specific Devereux placement Student requested.
- Order Denying Motion for Stay PutOAH denied Student's request for stay put at California School for the Deaf because attendance there was a temporary assessment assignment, not an agreed-upon and implemented IEP placement.
- Order Partially Granting Motion for Stay PutOAH ordered Fremont to provide 60 minutes of weekly individual counseling as stay put, but refused to require Student's current counselor because stay put covers services, not a particular provider.
- Order Denying Motion for Stay PutOAH denied Student's stay put motion for occupational therapy as unnecessary because Chaffey agreed in writing to provide the reduced nonpublic agency services Parent requested during the case.
- Order Denying Motion for Stay PutOAH denied Student's stay put motion because Rialto showed it could not provide a bus aide to Student's nonpublic school, and its district behavior program closely replicated that placement.
- Order Denying Motion for Stay PutOAH denied Student's stay put request for Prentice School because the earlier decision finding Prentice appropriate only supported tuition reimbursement and never decided that Prentice offered a FAPE.
- Order Denying Motion for Stay PutOAH denied Student's request for stay put at the Elliott Institute because her last agreed-upon IEP named other nonpublic schools, and a settlement agreement funding Elliott did not make it stay put.
- Order Denying Motion for Stay PutOAH denied Student's stay put motion because Trivium's case involved only its right to assess Student, and Student did not allege any current dispute over placement.
- Order Denying Motion for Stay Put Without Prejudice and Suspension of Expulsion HearingOAH denied Parents' stay put motion without prejudice because they did not challenge Student's interim placement, and refused to stay the district's expulsion hearing because OAH has no jurisdiction over expulsions.
- Order Denying Motion for Stay PutOAH denied Student's stay put request for one-to-one nursing because the last agreed-upon IEP called only for health services from 'trained personnel,' which Oakland was providing through a trained paraprofessional.
- Order to Produce Complete Individualized Education Program Document That Is the Basis of Student's Stay Put MotionOAH deferred ruling on Student's stay put motion and ordered Student to file the complete last agreed-upon and implemented IEP by January 23, 2020, warning no ruling may issue without it.
- Order Granting Motion for Stay PutOAH granted stay put and ordered San Dieguito to implement Student's 2017 IEP, because Parents never consented to the prior district's efforts to exit him from special education.
- Order Granting Motion for Stay PutOAH granted Student stay put at The Prentice School, with speech therapy and mileage reimbursement, because a federal court's partial remand left intact the prior finding that Prentice was an appropriate placement.
2019
- Order Granting Motion for Stay PutOAH granted stay put for an unvaccinated Student in her county special day class because the state vaccination law does not override the federal stay put right and lets IEP students access their services.
- Order Denying Motion for Stay PutOAH denied Student's stay put motion to remain at Creative Learning Center because the nonpublic school ended its contract with proper 20-day notice, so Fremont must instead find a comparable NPS.
- Order Denying Request for ReconsiderationOAH refused to reconsider a stay put order restoring Student's special education transportation. Long Beach was properly served and gave no good reason for not opposing, and transportation is a related service covered by stay put.
- Order Denying Motion for Stay PutOAH denied Student's stay put motion against Berkeley because Student now permanently lives in Oakland, and a 2016 settlement agreement could not shift stay put responsibility back to Berkeley.
- Order Granting Motion for Stay PutOAH granted Student's stay put motion for 1,612 weekly minutes of intensive individual behavior services under the last agreed-upon IEP, rejecting Gilroy's mootness argument but denying Student's request for a non-public school aide.
- Order Granting Motion for Stay PutOAH granted Student stay put at Oster Elementary because the May 2019 IEP was the last agreed placement, and a 60-day agency MOU that Parents never signed did not end it.
- Order Granting Motion for Stay PutOAH granted stay put and ordered Student returned to Mauzy School within three school days, because the agreed IEP never required a medical release as a condition of placement.
- Order Denying Motion for Stay PutOAH denied Student's stay put motion to remain in fifth grade, ruling that normal advancement to sixth grade under the same IEP is not a change of placement under the stay put rule.
- Order Granting Stay Put MotionOAH granted Student's stay put motion and ordered Ceres to resume in-person home instruction. Ceres had delivered in-person home instruction for months, and switching to virtual teleconference instruction changed Student's placement.
- Order Denying Motion for Stay PutOAH denied Student's request to return to his high school as stay put after a drug-related disciplinary removal. When a manifestation determination is appealed, the law gives an expedited hearing instead of stay put.
- Order Granting Motion for Stay PutOAH granted Student's stay put motion for the Winston School because San Marcos agreed to implement the last IEP there, even though Student did not prove Winston was a comparable placement.
- Order Denying Motion for Stay PutOAH denied Student's stay put request to remain at Castro Valley High School because moving to the district's adult transition program after a certificate of completion, with the same IEP services, is stay put.
- Order Granting Motion for Stay PutOAH granted stay put for a 19-year-old Student whose last agreed IEP called for a fifth high school year at Sequoia, holding that a certificate of achievement is not a diploma and does not end stay put.
- Order Granting Motion for Stay PutOAH granted Student's stay put motion, keeping placement at California School for the Deaf and requiring Oakley Union to keep providing nursing, because Parent never consented to the June 2019 nursing offer.
- Order Denying Motion for Stay PutOAH denied Student's stay put motion seeking a co-taught honors English class, finding Los Alamitos met stay put by offering its existing co-taught English class and need not add a second teacher.
- Order Granting Student's Motion for Stay PutOAH ordered Alhambra to keep funding Student's nonpublic school placement at Villa Esperanza as stay put, rejecting the argument that finishing 12th grade forced a move into the district's disputed adult transition program.
- Order Granting Motion for Stay PutOAH granted Student's stay put motion, rejecting Sequoia's claim that stay put does not apply when a student moves from middle to high school, and ordered a comparable program to the last agreed IEP.
- Order to Produce the Entire Last Agreed Upon and Implemented Individualized Education ProgramOAH ordered all parties to produce the complete last agreed upon and implemented IEP before ruling on Student's stay put motion, because no party had submitted a complete copy.
- Order Granting in Part and Denying in Part Motion for Stay PutOAH granted stay put in part: Student, who moved between SELPAs, is entitled to a comparable nonpublic school and the services in his last IEP, but not to remain at LeRoy Haynes.
- Order Granting Motion for Stay PutOAH granted Student stay put at The Prentice School, with tuition, speech therapy, and mileage, because a prior OAH decision expressly found the parents' private placement appropriate.
- Order Denying Motion for Stay PutOAH denied Student's stay put motion as moot because Monrovia had already removed Student from the study skills class, but Student may refile if Monrovia re-enrolls Student without parental consent.
- Order Requiring Signed IEP in Support of Motion for Stay PutOAH ordered Student to file the last IEP Parents signed before ruling on stay put, because Victor questioned whether the unsigned IEP attached to the motion was the last agreed-upon IEP.
- Order Denying Motion for Stay PutOAH denied Student's stay put request to stay in independent study because that placement came from a Section 504 Plan, and Student had no agreed-upon and implemented IEP.
- Order Denying Motion for Stay PutOAH denied Student's stay put motion because Parent consented, with exceptions, to the October 2018 IEP, so Student gave no persuasive reason to treat the 2014 IEP as the last agreed-upon placement.
- Order Denying Motion for Stay PutOAH denied Student's stay put request to remain at Double Peak School after moving, because the last agreed-upon IEP did not specify that school site or show a unique need for it.
- Order Denying Motion for Stay PutOAH denied Student's stay put request to remain at Double Peak School after moving, because the last agreed-upon IEP did not name that school or show Student needed that specific site.
- Order Granting Motion for Stay PutOAH granted stay put under Student's November 29, 2018 IEP, rejecting Dublin's argument that a new conservatorship shifted responsibility to another district, because residency is a factual question for hearing.
- Order Granting Motion for Stay PutOAH granted stay put in Dublin's transition program for a conserved adult student. Dublin cited no law showing that a conservatorship ends stay put rights, and residency is a fact question for hearing.
- Order Granting Motion for Stay PutOAH granted stay put in Dublin's transition program, rejecting Dublin's argument that Student's conservatorship made his conservator's home district responsible, because residency is a factual question for hearing.
- Order Denying Motion for Stay PutOAH denied Student's request for stay put in a mild-moderate program at Rogers Middle School, finding the last implemented placement was a moderate-severe special day class, which carries forward into middle school.
- Order Granting, in Part, and Denying, in Part, Motion for Stay PutOAH denied stay put for three hours per week of IBI services because the settlement agreement made them temporary and expressly not stay put, but granted stay put for lunch bunch IBI and 300 minutes of program support.
- Order Denying Motion for Stay PutOAH denied Student's stay put motion against Palos Verdes after both Parents moved into Torrance Unified's boundaries, noting OAH cannot decide whether Palos Verdes properly denied Father's employment residency application.
- Order Granting Request for Reconsideration and Denying Request for Stay PutOAH reconsidered but again denied stay put for a not-yet-eligible Student who was graduated. Stay put protects only eligible students, or not-yet-eligible students facing discipline, and Student was neither.
- Order Denying Motion for Stay PutOAH denied Student's request for a stay put order blocking his high school graduation because he had never been found eligible for special education and faced no disciplinary change in placement.
- Order Following Prehearing Conference; Denying Request to Dismiss; and Denying Motion for Stay PutOAH denied stay put at a private school because the parent placed Student there herself and never agreed to an IEP placing Student there. It also refused to dismiss the case over a disputed settlement.
- Order Granting Motion for Stay PutOAH granted Student's stay put motion, ruling that home services listed as temporary became stay put once San Marcos kept providing them for three months past the IEP's end date.
- Order Denying Motion for Stay PutOAH denied Student's request for stay put at the private Winston School because the last agreed-upon IEP called for an unspecified non-public school, not Winston, and the district's offer matched that IEP.
- Order Denying Motion for Stay PutOAH denied Student's stay put request to return to a Long Beach magnet school because Student had no IEP, did not show the district had a basis of knowledge of disability, and now attends his Torrance school.
- Order Granting Motion for Stay PutOAH granted Student's stay put and ordered immediate readmission to Marcus School, holding that Mt. Diablo's residency defense could not defeat stay put without prejudging an issue reserved for hearing.
- Order Denying Motion for Stay PutOAH denied Student's stay put motion because Student did not allege any dispute over placement, and Poway agreed the October 2018 IEP is stay put and is being implemented.
- Amended Order Granting Request for Reconsideration; Denying Motion for Stay PutOAH reversed its earlier stay put order because Beacon Day School refused to readmit Student, making stay put there impossible, and ordered Los Angeles to provide a similar placement during the case.
- Order Granting Request for Reconsideration; Denying Motion for Stay PutOAH reversed its earlier stay put order because the nonpublic school, Beacon, refused to readmit Student, and ordered Los Angeles to provide a similar placement while the case is pending.
- Order Denying Motion for Stay PutOAH denied Student's stay put motion seeking return to McKinley Elementary, finding the non-public school Student actually attended before Parent withdrew her was the stay put placement despite Parent's coercion claim.
- Order Denying Motion for Stay PutOAH denied Student's stay put motion because, after a manifestation determination finding no link to disability, a disciplinary removal makes the interim alternative educational setting the stay put placement during the expedited appeal.
- Order Denying Motion for Stay PutOAH denied Student's stay put motion because Student had never been found eligible for special education, so there was no agreed-upon, implemented IEP placement to keep in place.
- Order Granting Motion for Stay PutOAH ordered Beverly Hills to keep Student's longtime nonpublic agency behavior provider, the Shabani Institute, as stay put. The provider had served Student for over three years and attended IEP meetings, even though the IEP did not name it.
- Order Denying Motion for Stay PutOAH denied Student's stay put motion because Student attached only a Section 504 plan, not an IEP, and Section 504 has no stay put protection like the IDEA's.
2018
- Order Denying Motions for Stay PutOAH denied Parent's two stay put motions because San Francisco committed in writing to continue the assistive technology and ABA services from the last agreed-upon IEP, using a comparable communication device.
- Order Granting Motion for Stay PutOAH ordered Los Angeles to keep funding Student's nonpublic school, Beacon Day School, as stay put, because the IEP named Beacon and a contract dispute is not a changed circumstance.
- Order Denying Motion for Stay Put of 2014 IEPOAH denied Student's request to use a 2014 IEP as stay put because Parent had consented, with written exceptions, to an October 3, 2018 IEP, which became the stay put placement.
- Order Granting in Part Motion for Stay PutOAH let San Diego keep Student in a public moderate/severe special day class because no nonpublic school was available, but ordered it to provide all services, behavior plan, and goals from Student's last agreed IEP.
- Order to Submit Further Briefs Regarding Motion for Stay PutOAH deferred ruling on Student's stay put motion and ordered more briefing because it was unclear whether any dispute existed over who was funding Student's nonpublic school during the case.
- Order for Supplemental Briefing for Motion for Stay PutOAH deferred ruling on Student's stay put request at a nonpublic school and ordered Los Angeles to file more evidence on its claim that a contract dispute with the school prevents placement there.
- Order Denying Motion for Stay PutOAH denied Student's stay put request for transportation to a new middle school because the last agreed-upon and implemented IEPs since 2016 did not offer transportation.
- Order Denying Motion for Stay PutOAH denied Student's request for stay put at Excelsior Academy because Student now attends Sierra Academy, and stay put preserves the current placement, not a school the student has left.
- Order Partially Granting Motion for Stay PutOAH partially granted Student's stay put motion, ordering Newport-Mesa to implement and fund its September 2018 interim IEP placing Student in residential nonpublic school, because Student transferred between school years.
- Order Denying Motion for Stay PutOAH denied Student's stay put motion against Berkeley Unified without prejudice because Student gave only a partial IEP and no authenticated evidence of residence within the district.
- Order Denying Motion for Stay PutOAH denied Student's request for home-hospital instruction as stay put. Student's last placement before the dispute was the community day school, so that is where Student stays during the expedited hearing.
- Order Denying Request for ReconsiderationOAH denied Student's request to move stay put back to Wayfinder. Once Saddleback set up a comparable placement at Ocean View, that became the new status quo, and Wayfinder's renewed certification did not change it.
- Order Granting Motion for Stay PutOAH granted stay put requiring Long Beach to restore Student's IEP bus service without new conditions, finding a district 'stay away' letter to Father did not make the service unavailable.
- Order Granting Motion for Stay PutOAH granted stay put and ordered Los Angeles to promptly find and place Student in a nonpublic school, because a learning-disability special day class at Belmont High was not comparable to her IEP's nonpublic school placement.
- Order Granting Motion for Stay PutOAH granted Student's stay put motion, ordering Long Beach to provide IEP bus transportation without new conditions barring Father from the bus, because transportation is part of placement.
- Order Denying Motion for Stay Put at HeartspringOAH denied Student's request for stay put at Heartspring because the Kansas nonpublic school chose not to renew its contract, making the placement unavailable, and OAH has no authority to order a nonpublic school to keep serving Student.
- Order Granting Motion for ReconsiderationOAH reconsidered and changed Student's stay put placement to Ocean View nonpublic school because Wayfinder lost certification to serve visually impaired students, rejecting the district's proposed district school, Esperanza.
- Order Denying Motion for Stay PutOAH denied Student's stay put motion as unnecessary because Rescue agreed the May 2017 IEP was the last agreed-upon IEP and showed Student was already receiving 500 weekly minutes of specialized instruction.
- Order Granting Motion for Stay PutOAH granted Student's unopposed stay put motion, ordering Cesar Chavez Elementary as placement because the 45-day interim alternative placement had expired and Oxnard never sought court relief to exclude Student.
- Order Granting Motion for Stay PutOAH granted Student stay put in his 12th grade autism special day class because whether Student graduated, and whether the IEP called for an adult transition program, were the disputes to be decided at hearing.
- Order Denying Student's Motion for Stay Put Without PrejudiceOAH denied Student's stay put motion without prejudice because Student was already attending his last agreed-upon placement at Park Dale Lane Elementary, so no stay put dispute existed.
- Order Granting in Part and Denying in Part Motion for Stay PutOAH granted Student stay put in his mild-moderate BASE program and services, but denied stay put at a specific school because program location is generally the district's call and was not named in the IEP.
- Order Granting Motion for Stay PutOAH granted stay put at a Utah residential treatment center under the June 5, 2018 amendment IEP, holding Dublin still responsible because its own IEP placement did not end Student's residency under the caregiver affidavit.
- Order Granting Motion for Stay PutOAH granted Student's stay put motion, ordering Chino Valley to provide the preschool special day class from Student's prior Bellflower IEP despite his incomplete immunizations, because state law lets IEP students access their services.
- Order Denying Motion for Stay PutOAH denied Student's stay put motion for nonpublic agency behavior aide services because a prior settlement agreement expressly said those services were not stay put and both IEPs set an August 1, 2018 end date.
- Order Denying Motion for Stay PutOAH denied Student's stay put motion for 2018 extended school year services because ESY 2018 had already ended and the last agreed-upon ESY services were never implemented under an IEP.
- Order Granting Request for Reconsideration and Reaffirming Denial of Stay PutOAH granted reconsideration to review Student's late-filed reply but again denied stay put at a private school, because the settlement agreement expressly said the private placement would not be stay put.
- Order Denying Motion for Stay PutOAH denied Student's stay put request to remain at The Phillips Academy because the settlement agreement placing her there expressly said the placement would not be stay put and was temporary.
- Order Denying Motion for Stay PutOAH denied Student's request to order Brentwood to provide stay put at its middle school. Knightsen, Student's district of residence, is the agency responsible for stay put, and Brentwood had served Student only under a lapsed agreement.
- Order Denying Motion for Stay PutOAH denied Student's stay put motion: counseling services Parents never agreed to are not stay put, and the rest was moot because Beverly Hills agreed on the placement and services.
- Order Granting Motion for Stay PutOAH kept Student at Junior Blind/Wayfinder nonpublic school as stay put, ruling that District's own decision to end its master contract with the school was not a changed circumstance allowing a move.
- Order Granting Motion for Stay PutOAH granted Student's stay put motion and ordered San Marcos to keep picking Student up in front of his house at 7:08 a.m., because San Marcos changed the pickup outside the IEP process.
- Order Granting Motion for Stay PutOAH ordered Rincon Valley to implement Student's preschool IEP in a general education kindergarten, including nursing and THC oil seizure rescue medication on campus and the bus, as stay put.
- Order Denying Motion to Enforce Settlement Agreement and Stay PutOAH denied Student's motions to enforce a settlement agreement and for stay put, because OAH cannot enforce settlements and cannot order stay put once the due process case has been dismissed.
- Order Denying Motion for Stay PutOAH denied Student's request for stay put at a nonpublic school because there was no agreed-upon, implemented IEP. No IEP placement was made, and Student admitted no stay put IEP existed.
- Order Denying Student's Motion for Stay Put Without PrejudiceOAH denied Student's stay put motion as moot because Buckeye stated in a sworn declaration that the April 16, 2018 IEP placing Student at Rising Sun Montessori is her last agreed-upon and implemented IEP.
- Order Denying Motion for Stay PutOAH denied Student's stay put motion seeking return of a former instructional assistant, because a district may choose its qualified service providers and changing personnel is not a change of placement.
- Order Denying Motion for Stay PutOAH denied Student's stay put motion to block or retract a diploma without prejudice because Student did not provide the last agreed-upon IEP or other evidence of the current placement.
- Order Granting Motion for Stay PutOAH granted Student stay put on extended school year services, because they were in the last agreed-upon and implemented IEP and Parent expressly refused consent to ending them.
- Order Granting Motion for Stay PutOAH granted Student's unopposed stay put motion, ordering District to keep providing the placement and services in her August 31, 2017 IEP while the dispute over exiting her from special education is resolved.
- Order Granting Student's Motion for Stay PutOAH granted stay put for a formerly homeless Student, requiring El Rancho to keep serving him at Rivera Elementary through the end of the 2017-2018 school year despite his move to Los Angeles.
- Order Denying Motion for Stay PutOAH denied Student's unopposed stay put motion because the deleted language about sick staff appeared only in the IEP's health summary present levels, not in District's offer of placement and services.
- Order Denying Motion for Clarification of Stay PutOAH denied Student's expedited motion for clarification of stay put because it repeated the arguments already rejected in the earlier stay put denial and the denial of reconsideration.
- Order Denying Motion for Stay PutOAH denied stay put for a general education Student moved to his neighborhood school after the District revoked his transfer permit, because he had no IEP placement and still had comparable schooling.
- Order Denying Motion for Stay PutOAH denied Student's stay put motion seeking The Prentice School because the August 2017 IEP placed Student there only temporarily, for the first semester, and expressly disclaimed it as stay put.
- Order Denying Motion for Stay PutOAH denied Student's stay put motion because the 2017 settlement only funded nonpublic agency speech services through the January 2018 IEP meeting and did not make them Student's placement.
- Order Denying Motion for Stay PutOAH denied Student's stay put motion. After a finding that knife possession was not a manifestation of disability, the IDEA's disciplinary appeal provisions do not provide stay put in the prior placement.
- Order Requiring Additional Evidence for Stay Put MotionOAH held off ruling on Student's stay put motion and ordered Student to file a complete copy of the last consented-to IEP, because the partial, unsigned, unauthenticated Heartspring IEP pages were insufficient.
- Order Granting Motion for Stay PutOAH granted Student's stay put motion. Because Heartspring lawfully ended its services, Grossmont must quickly find a comparable residential nonpublic school that replicates Heartspring's services as closely as possible.
- Order Granting Motion for Stay PutOAH granted Student stay put in a non-public school with the services in her May 2016 IEP, because enrolling and attending two days at the district high school did not amount to consent to the newer IEP.
- Order Denying District's Motion for Stay PutOAH denied District's stay put motion seeking a residential placement or other OAH-ordered placement. Stay put is the July 7, 2017 IEP placement, the last one Parent consented to and District implemented.
- Order Granting Motion for Stay PutOAH ordered San Diego to keep providing curb-to-curb transportation with a one-to-one aide as stay put, because Student had consistently received these services and her last IEP provided transportation to her school.
- Order Granting in Part and Denying in Part Motion for Stay PutOAH denied Student's request to stay at Sierra Foothill Academy after an intrastate transfer but ordered San Juan to provide a comparable nonpublic school and all related services from the last IEP.
- Order Requiring Additional Evidence for Stay Put MotionOAH held off ruling on Student's stay put motion for Sierra Foothill Academy and ordered more evidence, because Student had not shown his last agreed-upon and implemented placement.
- Order for Supplemental Evidence in Support of Motion for Stay PutOAH deferred ruling on Student's unopposed stay put motion and ordered Student to file the full unredacted settlement agreement and the complete IEP, because the settlement terms may define the stay put placement.
2017
- Order Denying Motion for Stay PutOAH denied stay put at Laguna Beach High School for a Section 504 student suspended for selling a controlled substance, because drug-sale conduct allows an interim alternative placement of up to 45 school days.
- Order Denying Motion for Stay PutOAH denied Student's request for a one-to-one aide as stay put because his last agreed-upon IEP gave adult support only temporarily, and the later interim amendment expressly said it was not stay put.
- Order Denying Motion for Stay PutOAH denied Student's stay put motion at an independent study charter school because Parents never signed the annual enrollment agreement state law requires, so Parents, not the school, ended his enrollment.
- Order Denying Motion for Stay PutOAH denied Student's stay put request to attend optional on-campus classes with elementary children at Phoenix, finding the arrangement was temporary, not required by the IEP, and Phoenix's program was comparable.
- Order Granting Motion for Stay PutOAH granted Student stay put at De Portola Middle School after District revoked her inter-district transfer permit, because whether the removal denied a FAPE requires a hearing.
- Order Granting Motion for Reconsideration of Student's Motion for Stay Put; Affirming Order Denying Motion for Stay Put; and Denying Motion to Set Aside Order Denying Stay PutOAH reconsidered but again denied Student's stay put request for the Ontario-Montclair orthopedic impairment preschool program, because the SELPA agreement does not let District place students there without OMSD's agreement.
- Order for Supplemental Briefing on Motion for Stay PutOAH held off ruling on Student's stay put motion, ordering a complete copy of the last consented-to IEP and briefing on whether a charter school's unsigned annual enrollment agreement defeats stay put.
- Order for Supplemental BriefingOAH held off ruling on Student's stay put motion and ordered more briefing, because Student had not shown District must provide stay put when a juvenile court made her out-of-state residential placement.
- Order Denying Motion for Stay PutOAH denied New School's stay put motion seeking to compel Student's attendance, because stay put protects a student's right to remain in placement and does not let a school force attendance at a disputed placement.
- Order Denying Motion for Stay PutOAH denied Student's stay put motion without prejudice because Student cited no law giving stay put rights after a between-year move to a new district and offered no evidence of his current placement.
- Order Denying Motion for Stay PutOAH denied Student's stay put motion to remain in fifth grade at Aveson because the April 2017 IEP was unsigned and did not clearly provide for retention in fifth grade.
- Order for Additional Evidence and Documentation Regarding Student's Request for Stay PutOAH put off deciding Student's stay put request and ordered both sides to file a referenced 2015 settlement agreement and sworn declarations identifying Student's last agreed-upon and implemented IEP.
- Order Granting/Denying Motion for Stay PutOAH granted Student's stay put motion and ordered Long Beach to return the unvaccinated Student to his general education placement, finding the vaccination law requires districts to provide IEP placement and services.
- Order Denying Motion for Stay PutOAH denied Student's stay put request for a nonpublic high school with a one-to-one aide. The last agreed-upon IEP had no aide, and Student had already graduated and moved to a transition program.
- Order Denying Motion for Stay PutOAH denied Student's stay put request for a regional orthopedic impairment preschool program that closed to District students, finding District's moderate-to-severe preschool class at another school was a comparable placement.
- Order Granting Motion for Stay PutOAH granted stay put at Torrance High School despite District's revocation of Student's interdistrict transfer, finding District could not use self-help to end the last agreed and implemented IEP placement during the dispute.
- Order Denying Motion for Stay PutOAH denied Student's stay put motion seeking 8th grade retention and enrollment in Duarte because Student did not provide his last implemented IEP or show a dispute over placement or services.
- Order Granting Motion for Stay PutOAH granted Student stay put of a private nurse throughout the school day and on the bus, because the last implemented IEP gave Parent the choice of nurse and was carried out that way for over a year.
- Order Denying Motion for Stay PutOAH denied Student's request for stay put at a Utah residential treatment center because District funded it only through two settlement agreements that expressly said it would not be stay put.
- Order Granting Motion for Reconsideration and Granting Motion for Stay PutOAH granted reconsideration and ordered stay put at Willow Glen High School because Student challenged his graduation before the June 6 ceremony and the last day of school, so he had not yet graduated.
- Order Denying Motion for Stay PutOAH denied Student's stay put motion seeking different senior-year classes because the District's schedule complied with the IEP the parties' settlement made the stay put IEP, including its June 2018 graduation date.
- Order Denying Motion for Stay PutOAH denied Student's stay put motion because Student never filed the last agreed-upon and implemented IEP, even after OAH ordered it, so no placement dispute was shown.
- Order Partially Granting and Partially Denying Motion for Stay PutOAH ordered District to provide home-to-school transportation with an aide as stay put because District had actually provided an aide during transportation, even though the IEP did not mention one.
- Order Denying Motion for Stay PutOAH denied Student's stay put motion because District swore it will keep implementing Student's residential placement under the April 2017 IEP until Parents consent otherwise or a court orders a change, so no dispute existed.
- Order Denying Motion for Stay PutOAH denied Student's stay put motion because Student never showed that any dispute existed over the pathways program placement at Fountain Valley High School that District said it would keep implementing.
- Order Granting in Part and Denying in Part Motion for Stay PutOAH denied stay put at Westmark Academy and under an unconsented May 2017 IEP. It found Student's stay put is the September 15, 2015 IEP because the settlement made Westmark only a temporary placement.
- Order Granting Motion for Stay Put and Denying Motion to Strike DeclarationOAH ordered Grossmont to keep Student at Excelsior Academy as stay put, rejecting the district's argument that the motion was premature because the district had not yet refused the placement.
- Order Denying in Part Student's Motion for Stay Put and Order for Supplemental Briefing and Evidence on Motion for Stay PutOAH denied stay put at Westmark Academy because a prior settlement made the private placement temporary, ending before high school; Student's stay put is his last agreed-upon and implemented IEP.
- Request for Supplemental Information in Support of Student's Motion for an Order of Stay PutOAH held off ruling on Student's stay put motion and asked both parties for the last signed, implemented IEP, because Student's attached 2015 IEP was not authenticated by declaration.
- Order Granting Motion for Stay PutOAH granted Student's stay put motion, keeping Student at Lanterman High School because District offered no evidence that a move to Widney was a natural progression or that Student's class was ending.
- Order Denying Motion for Stay PutOAH denied Student's stay put motion because Student filed his complaint and motion only after District had already conferred a regular high school diploma, which ended his last agreed-upon placement.
- Order Denying Motion for Stay PutOAH denied stay put for a Student never found eligible for special education. He had no implemented IEP, his yearly intra-district transfer was temporary, and the transfer's revocation was not disciplinary action.
- Order Denying Motion for Stay PutOAH denied Student's stay put motion in a manifestation determination appeal because Student was on summer break with no services to maintain, and the expedited decision would issue before the new school year.
- Order Denying Motion for Stay PutOAH denied Student's stay put motion because the behavior services in the settlement agreement and the March 2017 IEP had set end dates and were meant to be temporary.
- Order Denying Motion for Stay PutOAH denied Student's stay put motion to block issuance of her high school diploma as moot, because Enovate had sworn to withhold the diploma pending the due process case, so no dispute existed.
- Order Denying Motion for Stay PutOAH denied Student's stay put motion because the parties' 2016 settlement agreement clearly set stay put as the District school placement in Student's November 2015 IEP, not the nonpublic school.
- Order Denying Motion for Stay PutOAH denied Student's stay put motion because Mother's vague declaration did not show Benicia was threatening to graduate Student, and Benicia confirmed it would not graduate him while the cases were pending.
- Order Denying Motion for Stay PutOAH denied Student's third stay put motion because Student did not submit a complete set of consented-to IEPs with a supporting declaration, and offered no authority for stay put on never-agreed services.
- Order Denying Motion for Stay PutOAH denied Student's stay put motion because the non-public school ended Student's contract on its own, and District offered a comparable non-public school as an interim placement.
- Order Granting Motion for Reconsideration and Order Finding Stay Put ServicesOAH granted District's reconsideration request but then ordered stay put under the January 30, 2014 IEP, finding Parent's signed, district-stamped consent showed it was the last agreed-upon IEP.
- Order Granting Motion for Stay PutOAH granted Student stay put in the 2016-2017 IEP placement because Student's complaint disputes District's plan to award a regular high school diploma.
- Order Denying Motion for Stay PutOAH denied Student's stay put motion because Student did not submit the last signed and implemented IEP or identify which IEP provisions Fremont was failing to implement.
- Order Denying Motion for Stay PutOAH denied Student's stay put motion because Student offered no declaration or evidence showing the requested services were in the last agreed-upon and implemented IEP, the February 8, 2017 IEP.
- Order Denying as Moot Student's Motion for Stay PutOAH denied Student's stay put motion as moot because District stipulated to provide the services in the January 30, 2014 IEP team meeting report while the case is pending.
- Order Denying Motion for Stay PutOAH denied Student's stay put motion to remain at George Washington High School because it lacks jurisdiction to override Superior Court restraining orders that kept Student away from three of his school staff.
- Order Denying Motion for Stay Put and Motion for Establishing an Annual Individualized Education Program Meeting DateOAH denied Student's stay put motion seeking to halt the IEP process, ruling that stay put protects a student's placement, not freedom from IEP meetings, and districts must still hold annual IEP meetings.
- Order Denying Request for ReconsiderationOAH denied Student's request to reconsider the denial of stay put for 1:1 nursing support, because that support was never part of an agreed-upon IEP and is the very relief sought at hearing.
- Order Denying Motion for Stay PutOAH denied Student's stay put motion because Student did not show that a split half-day continuation school and half-day home school program was his last implemented IEP placement or an agreed interim setting.
- Order Granting Student's Motion for Stay PutOAH ordered Berkeley to return Student to Berkeley High School because his 45-school-day interim alternative placement at a nonpublic school had expired and Parent had not agreed to extend it.
- Order Granting in Part and Denying in Part Student's Motion for Stay PutOAH kept Student at La Paloma High School as stay put during his manifestation appeal, but refused to order 220 weekly minutes of specialized instruction and said it cannot block the District's expulsion process.
- Order Denying Motion for Stay PutOAH denied Student's stay put motion to remove a math class from her schedule because neither side provided the IEP, and Student offered no evidence that her placement was five classes.
- Order Denying Student's Motion to Modify Stay Put; and Denying Student's Request to Consider New Documentary EvidenceOAH denied Student's motion to change stay put from a nonpublic school to a District school because stay put keeps the last agreed placement, and rejected a former attorney's invoice submitted after the evidentiary record closed.
- Order Denying Motion for Stay PutOAH denied Student's stay put request to return to middle school because Mother, a co-holder of educational rights, agreed at the manifestation determination meeting to home/hospital instruction pending nonpublic school placement.
- Order Denying Student's Motion for Stay PutOAH denied Student's stay put request to stay at Cleta Harder's HBIC program after an intra-year transfer, because District has no master contract with that school and offered a comparable non-public school, Tobinworld.
- Order Granting in Part and Denying in Part Motion for Stay PutOAH set Student's stay put as a special day class at Roosevelt Elementary, rejecting both Student's general education claim and District's attempt to move him to Alcott because Roosevelt's class still exists.
- Order Denying Motion for Stay PutOAH denied Student's stay put request for a home hospital placement during a discipline appeal because Student conceded an interim alternative setting was appropriate and cited no authority for ordering home hospital.
- Order Denying Motion for Stay PutOAH denied Student's stay put request for one-to-one nursing because the service was never in Student's IEP, District provided it only temporarily, and District is still providing it.
- Order Denying Motion for Stay PutOAH denied Student's stay put motion to return to South Tahoe High School because a superior court restraining order barred Student from campus, and OAH lacks jurisdiction to override that court order.
- Order Denying Motion for Stay PutOAH denied Student's stay put motion to return to his high school because his removal for alleged controlled-substance possession was disciplinary, making the community day school his stay put placement.
- Order Denying Motion for Stay PutOAH denied Student's stay put motion to return to Berkeley High School, ruling that during a disciplinary appeal Student stays in the 45-day interim alternative placement at Spectrum Center until the hearing decision.
- Order Denying Motion for Stay PutOAH denied Student's stay put motion to return to South Tahoe High School because a Superior Court restraining order barred Student from campus, and OAH has no jurisdiction to review that court order.
- Order Denying Motion for Stay PutOAH denied Student's stay put request to remain at a private preschool because District only agreed to provide speech services there and never agreed to it as Student's placement.
- Order Denying Request for ReconsiderationOAH denied Student's request to reconsider the denial of stay put because the new records still did not show the prior district's January 2016 IEP was ever implemented.
- Order Denying Motion for Stay PutOAH denied Student's stay put motion because the January 2016 IEP from the prior district was never implemented, so it could not serve as Student's stay put placement.
- Order Granting Motion for Stay PutOAH granted Student's stay put at Oak Hill non-public school because his last agreed-upon IEP specifically named Oak Hill, rejecting Antioch's claim that its offered placement, Spectrum Center, was equivalent.
- Order Granting Request for Reconsideration and Granting Stay PutOAH reversed its earlier denial and ordered Alhambra to fund a foster youth's Utah residential placement as stay put, finding Alhambra remained her district of origin after the out-of-state placement left her homeless.
2016
- Order on Reconsideration, Partially Granting and Partially Denying Motion for Stay PutOAH reversed its earlier stay put order after new documents showed the nonpublic school gave Student proper 20-day termination notice, and ordered District to provide a similar interim placement instead.
- Order Denying Motion for Stay PutOAH denied Student's stay put motion because Student was not in special education and had no IEP or special education placement to keep in place during the dispute.
- Order Granting Motion for Stay PutOAH granted Student's stay put motion to remain at Excelsior Academy because the school gave only 16 days' notice of terminating its service agreement instead of the required 20 days.
- Order Denying Motion for Stay PutOAH denied Student's request for stay put at a community college transition program because her last agreed-upon and implemented IEP placed her at the Marchus School, not the college program.
- Order Granting Motion for Stay PutOAH granted Student's stay put motion, keeping the 20-year-old at Lanterman Special Education Center because District still allowed other adult students to stay there and Widney was not meaningfully different.
- Order Denying Motion for Stay PutOAH denied Student's stay put motion because Student enrolled in Delano after its school year ended, and transfers between school years carry no stay put right based on the prior district's IEP.
- Order Requiring Additional Information for Motion for Stay Put and OppositionOAH deferred ruling on Student's stay put motion and ordered more evidence and legal briefing on whether Delano must maintain Student's Torrance IEP after Student enrolled there over the summer.
- Order Denying Motion for Stay PutOAH denied District's stay put motion seeking to place a graduated 18-year-old Student in an adult transition program because District never submitted the last agreed-upon and implemented IEP.
- Order Granting Motion for Stay PutOAH granted Student's stay put motion, ruling that Newport-Mesa's cut of more than an hour of daily instruction under a high school block schedule did not approximate Student's last agreed-upon IEP as closely as possible.
- Order Granting Motion for Stay PutOAH granted Student's stay put motion, ruling that the consented-to January 2016 IEP, which repeatedly named Children's Workshop, superseded an earlier settlement's stay put terms and made that nonpublic school Student's stay put placement.
- Order Denying Motion for Stay PutOAH denied Student's request for stay put in a general education kindergarten, finding the District's kindergarten special day class most closely matched Student's integrated preschool program with special education instruction.
- Order Granting Motion for Stay PutOAH granted stay put, ordering Mountain View-Los Altos to provide a special day class at Mountain View High School comparable to Student's last agreed-upon middle school IEP, rejecting the district's claim that between-year transfers get no stay put.
- Order Granting Motion for Stay PutOAH granted Student stay put at a special education center or comparable disability-only school for seventh grade. Parent's revocation of consent left the special education center as the last implemented placement.
- Order Granting Student's Motion for Stay PutOAH granted Student's stay put motion, keeping Student in the moderate-severe autism class at Gonzales High School because that placement remains available, so District cannot move Student to its new comparable program.
- Order Denying Motion for Stay PutOAH denied Student's stay put motion because Student's initial IEP was never agreed to or implemented, and the parties disputed which high school was the normal grade progression.
- Order Granting Motion for Stay PutOAH granted Student stay put at a District special education center for middle school. Moving her to a general education campus would change her placement, but she cannot stay at Salvin, which has no seventh grade.
- Order Granting Motion for Stay PutOAH granted Student's stay put motion and kept her at Salvin or another special education center for seventh grade. District never implemented the planned move to a general education campus and offered no evidence it was comparable.
- Order Granting Motion for Stay PutOAH granted Student's stay put motion, ordering Charter and/or District to keep contracting with Special Needs Resource Group for behavior services because switching to in-house staff would alter the status quo.
- Order Denying Motion for Stay PutOAH denied Student's request to stay at Garden Grove High School as a fifth-year senior, finding her natural progression was to District's general education adult transition program.
- Order for Supplemental Evidence on Motion for Stay PutOAH deferred ruling on Student's opposed stay put motion and ordered District to file complete, fully legible copies of two IEPs. The copies submitted had missing pages, unreadable boxes, and cut-off text.
- Order Granting Motion for Stay PutOAH granted Student's stay put motion. Although Student's special education center had no seventh grade, stay put still requires a seventh grade class on a special education campus, not a general education middle school.
- Order Denying Student's Motion for Stay PutOAH denied Student's stay put request to stay at a school-choice campus because the transfer applications showed that placement was temporary, for one school year only.
- Order Granting in Part and Denying in Part Motion for Stay PutOAH ordered stay put at a District special education middle school campus with Student's April 2016 IEP supports, but denied keeping Student at his elementary center, because matriculating to middle school preserves the status quo.
- Order Granting Request for Reconsideration and Granting Stay PutOAH reconsidered and granted stay put at a nonpublic school after Student showed with sworn declarations that the school would accept him despite its contract dispute with District.
- Order Granting Motion for Stay PutOAH granted stay put at the Speech and Language Development Center, holding that District's expired master contract with the nonpublic school did not release District from providing Student's last agreed-upon placement.
- Order Denying Motion for Stay PutOAH denied Student's stay put motion seeking placement at Speech and Language Development Center because the nonpublic school, in a contract dispute with District, refused to accept any District students.
- Order Granting Motion for Stay PutOAH granted Student's stay put at the Speech and Language Development Center, finding that a contract dispute between Los Angeles and the nonpublic school is not a legal exception to stay put.
- Order Granting Motion for Stay PutOAH granted stay put at Student's nonpublic school despite Los Angeles's expired contract with the school, ordering the district to arrange Student's return within five days.
- Order Denying Motion for Stay PutOAH denied Student's request for a special education campus as stay put. It found a self-contained special day class at Pio Pico Middle School most comparable because Salvin ends at sixth grade and no nearby special center exists.
- Order Denying Motion for Stay PutOAH denied Student's request for stay put at a private school because an earlier decision only reimbursed past tuition and never made the school Student's prospective placement.
- Order Determining Location for Student's Stay Put PlacementOAH denied Student's request for stay put at Branham High School or Dartmouth, finding the district's self-contained county-run class at Del Mar High School most closely approximated Student's last agreed-upon IEP.
- Order Granting Motion for Stay PutOAH granted Student stay put under her October 2014 IEP and barred Districts from conferring a high school diploma, or ordered them to revoke one already issued, while her due process case is pending.
- Order Granting Motion for Stay PutOAH barred Long Beach Unified from giving Student a regular high school diploma while his due process case is pending, because Student timely challenged whether graduation was appropriate.
- Order Denying Motion for Stay PutOAH denied Student's stay put motion because the complaint, though it mentioned objections to graduation, never pled an issue challenging Student's graduation with a regular diploma or sought to rescind it.
- Order Granting Motion for Stay PutOAH granted stay put at New Haven Residential Treatment Center and ordered Irvine, Parent's district of residence, to fund it, because Anaheim's group-home responsibility ended when Student left the licensed children's institution.
- Order Granting Motion for Stay PutOAH barred District from giving Student a regular high school diploma while his due process case is pending, because he timely challenged whether graduation was appropriate.
- Order Granting Motion for Stay PutOAH barred District from conferring a backdated diploma on Student and kept him in his adult transition program during the dispute, because unilateral graduation cannot end eligibility while a due process case is pending.
- Order Denying Motion for Stay PutOAH denied Student's stay put request without prejudice because Student did not allege any dispute over placement or services while the case is pending, or that Fremont was not implementing the last agreed IEP.
- Order for Supplemental Briefing on Motion for Stay PutOAH deferred ruling on Student's stay put motion and ordered both sides to submit facts, transcripts, diploma information, and briefing on whether a non-attorney advocate could rescind Parent's consent.
- Order Granting Motion for Stay PutOAH granted Student stay put in a charter learning center three hours a day, three days a week. That was the program actually carried out under the last IEP, even though the IEP described a home setting.
- Order Denying Student's Motion for Stay PutOAH denied stay put in Upland's preschool program for a Student who moved out of the district, finding that appeals of interdistrict transfer denials belong to the county board of education, not OAH.
- Order Denying Motion for Stay PutOAH denied Student's stay put motion because District placed her in a 45-school-day interim alternative setting for inflicting serious bodily injury, and that period had not yet run.
- Order Granting Motion for Stay PutOAH ordered Covina-Valley to immediately return Student to his school of residence because a district placement committee, not the IEP team, transferred him to another school after a non-manifestation finding.
- Order Denying Motion for Stay Put Without PrejudiceOAH denied Student's stay put motion without prejudice because Student relied on a May 2015 IEP without refuting District's showing that later IEPs were agreed to and implemented, and alleged only a threatened placement change.
- Order Denying Motion for Stay PutOAH denied Student's stay put motion to block graduation. The District said its early-graduation letter was a mistake, and the complaint never challenged whether graduating Student was proper.
- Order Granting Student's Request to Have Additional Briefing Considered; Order Denying Request for ReconsiderationOAH accepted Student's late briefing after failed fax attempts but again denied stay put. The advocate's letter revoking consent to the certificate-of-completion track returned Student to a diploma-track placement.
- Order Denying Motion for Stay PutOAH denied Student's stay put motion. Student must stay in a 45-school-day interim alternative educational setting because Alhambra alleged serious bodily injury, and Student must challenge that claim at the expedited hearing.
- Order Denying Motion for Stay PutOAH denied Student's stay put motion seeking a return to his District home school, because his actual placement when he filed was home hospital or a county community school, not the home school.
- Order Denying Student's Motion for Stay PutOAH denied Student's stay put motion seeking to remain in an adult transition program because the family rescinded consent to that placement, making the earlier diploma track the last agreed-upon placement.
- Order Denying Motion for Stay PutOAH denied Student's request for stay put at the KIDA nonpublic school. The parties' settlement agreement said stay put after August 31, 2015 would be five hours per week of home instruction.
- Order for Additional Briefing on Student's Motion for Stay PutOAH ordered both sides to file more briefing on Student's stay put motion because neither side gave any argument, and the record raised unresolved questions about consent and an awarded diploma.
- Order Granting Motion for Stay PutOAH granted stay put at Evergreen Elementary for a kindergartner not yet found eligible, because District knew of a possible disability before suspending him and revoking his inter-district transfer permit.
- Order Denying Motion for Stay PutOAH denied Student's stay put request to reinstate a one-on-one aide because the agreed April 2015 IEP clearly ended that service on August 26, 2015, so reinstating it would change the status quo.
2015
- Order Denying Motion for Stay PutOAH denied Student's stay put motion seeking after-school transportation to a private care program that moved to Vista, because the last agreed-upon and implemented IEP provided only door-to-door transportation.
- Order Denying Motion for Stay PutOAH denied Student's stay put request for after-school transportation to a care program that moved outside district boundaries, because the operative November 2015 IEP, which Parent consented to, did not include that transportation.
- Order Granting Motion for Stay PutOAH ordered Oceanside to keep transporting Student to his after-school program, even after it moved outside district boundaries, because that drop-off was how the vague IEP transportation service was actually implemented.
- Order: (1) Granting Request for Reconsideration and (2) Denying Motion for Stay PutOAH reconsidered but again denied Student's stay put request for transportation to an out-of-district daycare, because the last implemented drop-off location was an aunt's in-district home.
- Order Denying Motion for Stay PutOAH denied Student's stay put request for District-provided transportation to a private after-school day care outside District boundaries because the last implemented IEP never included that transportation.
- Order (1) Denying Request for Stay Put and (2) Denying Request for Stay of Expulsion ProceedingsOAH denied Student's stay put request to return to middle school because the disciplinary interim setting stays in effect during a manifestation appeal. OAH also refused to stay expulsion proceedings, finding it has no jurisdiction over them.
- Order Denying Motion for Stay PutOAH denied Student's stay put request for after-school bus service to an out-of-district care facility because the last agreed-upon and implemented IEP did not include after-school transportation.
- Order Denying Student's Motion for Stay PutOAH denied without prejudice Student's stay put request for transportation to an out-of-district after-school program because Student did not attach the complete last agreed-upon and implemented IEP.
- Order Denying Motion for Stay PutOAH denied Student's stay put request for District transportation to an out-of-district after-school daycare because Student offered no evidence that the last implemented IEP provided such transportation.
- Order Denying Student's Motion for Stay PutOAH denied Student's motion to be removed from a special day class as stay put, finding the last agreed-upon and implemented October 8, 2015 IEP controls during the dispute.
- Order Granting Student's Motion for Stay PutOAH ordered Oceanside to keep busing Student after school to his pediatric day health program, even though it moved outside district boundaries, because the IEP's unchanged "bus (curb to curb)" language covered that trip.
- Order Denying Motion for Stay PutOAH denied Student's stay put motion because District agreed Student could stay in its independent study program while the case is pending, so there was no placement dispute to resolve.
- Order Denying Motion for Stay PutOAH denied Student's stay put request to return to James Logan High School because, in a manifestation determination appeal, the interim alternative educational setting of home instruction is stay put.
- Order Granting Motion for Stay PutOAH ordered District to fund Student's nonpublic school stay put placement because the last signed and implemented IEP called for it, and moving from an elementary to a high school district did not end stay put.
- Order Granting Stay Put and Determining Stay Put PlacementOAH held Student keeps stay put protection despite transferring to Campbell between school years, but found Campbell's County autism SDC offer closely approximates the last implemented IEP, so it is the stay put placement.
- Order Granting District's Request for Reconsideration; Order Granting Student's Motion for Stay PutOAH reconsidered after the District's late-arriving opposition, but again kept Student's stay put at his non-public school, finding D.G. v. San Diego Unified applies to end-of-year transitions between districts.
- Order for Supplemental Briefing and Documentation on Student's Motion for Stay PutOAH deferred ruling on Student's stay put motion and ordered both sides to submit supplemental documentation and sworn declarations comparing Campbell's offer to Student's last implemented IEP from Moreland.
- Order Denying Motion for Stay PutOAH denied Student's stay put motion because Student had moved out of District, was never granted an inter-district transfer, and his five weeks in District's special day class were only a temporary placement.
- Order Denying Motion for Stay PutOAH denied Student's stay put motion because Student's residential treatment center agreed to keep Student through November 30, 2015, so Student remained in his last agreed-upon placement and no actual controversy existed.
- Order Denying Motion for Stay PutOAH denied Student's request for stay put in Project SEARCH. Student moved mid-year from a district in another SELPA, and East Side only had to offer a comparable interim program, which it did.
- Order Denying Motion for Stay PutOAH denied Student's stay put motion because Student transferred into Anaheim over the summer, and a settlement agreement with her prior elementary district is not an IEP that binds Anaheim.
- Order Denying Motion for Stay PutOAH denied Student's stay put motion seeking a nonpublic school placement because Student transferred to Anaheim over the summer, and a prior district's settlement agreement is not an IEP binding Anaheim.
- Order Denying Motion for Stay PutOAH denied Student's stay put request because his special day class was dissolved after its teacher resigned, but found District's non-public school offer was not a similar placement that could implement his IEP.
- Order Denying Motion for Stay PutOAH denied Student's stay put motion because Student offered no sworn evidence, and a student who returns to a district over the summer is treated like a new enrollee rather than entitled to stay put.
- Order Granting Request for ReconsiderationOAH reversed its earlier denial and granted stay put at Student's nonpublic school, relying on a new federal court decision that extends stay put to end-of-year transitions from elementary to high school districts.
- Order Denying Motion for Stay PutOAH denied Student's stay put motion because Student offered no sworn evidence and returned to District over the summer, when an out-of-district IEP does not create stay put rights.
- Order Denying Motion for Stay PutOAH denied Student's stay put request for a non-public school placement because Student moved from an elementary district to a high school district between school years, not mid-year.
- Order Denying Request for Reconsideration and Order Denying Motion for Stay PutOAH denied Student's renewed stay put motion and request for reconsideration because the nonpublic school, not District, ended the placement, and District's offered Point Quest placement was comparable.
- Order Granting Motion for Stay PutOAH granted Student's stay put motion. It found the May 9, 2014 IEP, which listed a public school (Calle Mayor) placement, was the last agreed-upon and implemented IEP, and Parent never consented to a nonpublic school.
- Amended Order Denying Motion for Stay PutOAH denied Student's request for stay put funding of Orton-Gillingham tutoring and private school tuition because Student, unilaterally placed in private school, had only received Davis ISP services and never had an implemented IEP.
- Order (1) Denying Request for Reconsideration and (2) Denying Renewed Motion for Stay PutOAH denied Student's reconsideration request and renewed stay put motion because the last agreed IEP made Student's placement at Glenmeade temporary through 3rd grade, with 4th grade at his home school, Oak Ridge.
- Order Denying Motion for Stay PutOAH denied Student's stay put request for Orton-Gillingham tutoring and private school tuition because Student, a unilaterally privately placed child, had only an Individualized Service Plan and never had an implemented IEP.
- Order Granting Request for Reconsideration and Partially Granting Motion for Stay PutOAH reconsidered and reaffirmed that Student's stay put is the nonpublic school placement and services in his January 2013 IEP, despite the District's claim that no comparable nonpublic school for elementary students exists in the county.
- Order Denying Motion for Stay PutOAH denied Student's request to stay in the Glenmead special day class because Student gave no sworn declaration and only an incomplete, unauthenticated copy of his last agreed-upon and implemented IEP.
- Order Granting Motion for Stay PutOAH granted stay put at a Montana residential treatment center because District admitted it was Student's last agreed-upon and implemented IEP placement, leaving District's residency dispute for hearing.
- Order Granting Motion for Stay PutOAH granted Student's stay put motion, keeping Student at nonpublic school Vista Del Mar with transportation despite the school's conditional state certification and Long Beach's lack of a master contract.
- Order Partially Granting Motion for Stay PutOAH ruled that Student's stay put is the January 11, 2013 IEP's nonpublic school placement, not the home ABA program from a time-limited settlement that expressly said it would not be stay put.
- Order Denying Motion for Stay PutOAH denied Student's request to keep her at Land Park Academy as stay put because the nonpublic school had discharged her, leaving Elk Grove obligated to find a comparable placement instead.
- Order Denying Motion for Stay PutOAH denied Student's stay put motion as moot because City Schools dropped its residency objection and agreed in writing to implement the placement from the parties' spring 2015 settlement agreements.
- Order Granting Student's Motion for Reconsideration and Denying Student's Motion for Stay PutOAH reconsidered but again denied stay put, finding the March 5, 2015 IEP, which Parent signed in full agreement, was the last consented-to IEP, and San Dieguito's TAP program was the most similar program.
- Order Granting in Part Motion for Stay PutOAH set Student's 2015 extended school year stay put as a non-public school with instruction and speech therapy from her last implemented IEP, but held Sacramento City no longer responsible after she moved to Walnut Valley.
- Order Granting in Part Motion for Stay PutOAH granted Student's stay put motion in part: if Student has moved up to 9th grade, San Rafael City Schools must provide 780 weekly minutes of specialized academic instruction under the January 2015 IEP, because his home lies within San Rafael High School District.
- Order for Supplemental Briefing on Motion for Stay PutOAH deferred ruling on Student's stay put motion and ordered both sides to brief what Student's last agreed-upon and implemented IEP was and how grade advancement affects stay put.
- Order Denying Motion for Stay PutOAH denied Student's stay put motion because District agreed to keep Student on a special education only middle school campus while the dispute is pending, since Student's old center has no seventh grade.
- Order Granting Motion for Stay PutOAH granted Student stay put in a District elementary general education classroom with aide support, despite District's revocation of his inter-district permit, because placement was at issue and the February 2015 IEP was implemented.
- Order for Supplemental Briefing on Motion for Stay PutOAH deferred ruling on Student's stay put motion and ordered Sacramento City to file supplemental briefing, because the only IEP submitted offered a public placement for 2014 extended school year, not a non-public school.
- Order Denying Motion for Stay PutOAH denied Student's stay put motion seeking placement at his home middle school, finding the comparable moderate special day class at Oak Crest, not Diegueno, matched his last implemented IEP.
- Order Denying Motion for Stay Put Without PrejudiceOAH denied Student's stay put motion without prejudice because Student did not explain what the proposed move from Sitting Bull Academy to Columbia Middle School would change or cite authority that a location change alone violates stay put.
- Order for Additional Information on Motion for Stay PutOAH deferred ruling on Student's stay put motion and ordered District to submit sworn declarations identifying Parent's alleged Richmond address and the districts of residence, because District gave no specific address supporting its non-residency claim.
- Order for Additional Information on Motion for Stay PutOAH deferred ruling on Student's stay put motion and ordered District to back its residency challenge with sworn declarations, because its street listing exhibit was unauthenticated and its Richmond address claim was unsupported.
- Order Denying Motion for Stay PutOAH denied Student's stay put motion without prejudice because Student offered no sworn declaration or authenticated documents showing the last agreed-upon and implemented IEP or District's obligation to serve her.
- Order Granting the Motion for Stay PutOAH granted Student's stay put motion, ordering District to place Student in a seventh grade class on a special education only campus, because her last agreed IEP deliberately placed her on a special education campus for safety.
- Order Denying Student's Motion for Stay PutOAH denied Student's stay put motion for extended school year services at Cleta Harder because District agreed in a sworn declaration to provide that placement, so there was no placement dispute.
- Order on Reconsideration, Reaffirming Denial of Stay PutOAH reconsidered but again denied Student's stay put request because the IEP set an explicit June 30, 2015 end date for nonpublic school funding, which made the placement temporary.
- Order Denying Student's Motion for Stay PutOAH denied Student's stay put motion because the IEP Student relied on placed Student in a nonpublic school only temporarily, with funding expressly ending June 30, 2015.
- Order Granting Request for Reconsideration; Granting Student's Request for Stay PutOAH reconsidered its stay put order because Student faxed the motion to the wrong number, but again granted stay put, barring District from awarding a diploma while Student disputes her graduation requirements.
- Order Granting Motion for Stay PutOAH barred Compton from giving Student a regular high school diploma while due process is pending, because graduating him would unilaterally end his special education eligibility.
- Order Denying Motion for Stay PutOAH denied Student's request to use stay put to block his high school graduation, because it was undisputed that he had met all diploma requirements and his complaint did not challenge the graduation.
- Order Granting Motion for Stay PutOAH granted Student stay put in his high school placement under the November 12, 2014 IEP because he filed for due process before his planned May 2015 graduation, which counts as a change in placement.
- Order Granting Motion for Stay PutOAH granted Student's stay put motion, confirming the residential treatment center in the last implemented IEP as stay put, even though District said an order was unnecessary because it agreed.
- Order Denying Motion for Stay PutOAH denied Student's stay put request for 1,411 weekly minutes of MAPSS intensive services because the IEP addendum made the services temporary, with a set end date and stated purpose.
- Order Granting Motion for Stay PutOAH granted Student's stay put motion, ordering Twin Rivers to keep Student at Odyssey Learning Center despite the school's termination notice until Parent accepts a comparable alternate nonpublic school placement.
- Order Denying Motion for Stay PutOAH denied Student's stay put motion because Student's family had moved out of District's boundaries and Student did not show what his last agreed-upon and implemented IEP placement was.
- Order Denying Motion for Stay PutOAH denied Student's stay put motion without prejudice because Student submitted only isolated pages of the IEP amendment, not the complete terms of the last agreed-upon and implemented IEP.
- Order Granting Request for Reconsideration and Denying Student's Motion for Stay PutOAH reversed its earlier stay put order. District showed it had offered a special-circumstance 45-day interim alternative educational setting, so Student's stay put during the expedited appeal is that setting, not his prior school.
- Order Denying Motion for Stay PutOAH denied Student's stay put motion because Student sought to move from her Kansas residential program to one nearer Parent, rather than keep her current placement.
- Order Granting Motion for Stay Put PlacementOAH granted Student's stay put motion, keeping him at Lincoln Middle School, because his conduct was found to be a manifestation of his disability and District showed no special circumstances justifying an interim alternative setting.
- Order Following Prehearing ConferenceOAH denied Student's unopposed stay put motion as moot because Student was already in the requested placement, and denied Simi Valley's motion to dismiss because it required factual findings amounting to summary judgment.
- Order Granting Student's Motion for Stay Put in Part, and Denying in PartOAH granted Student stay put in a general education class at Chavez, holding that a parent's refusal to sign an initial IEP does not strip a student of stay put protection, but denied the special day class and aide.
- Corrected Order Following Pre-Hearing ConferenceOAH denied Student's unopposed stay put motion as moot because Student was already in the requested placement, and denied Simi Valley's motion to dismiss as an improper summary-judgment request.
- Order Denying Motion for Stay PutOAH denied Student's stay put motion seeking return to Whittier High School after a disciplinary removal, finding the removal raised new issues properly addressed through a manifestation determination and expedited hearing.
- Order Granting Motion for Stay PutOAH granted Student's stay put motion, ordering District to continue all counseling and psychiatric services from the residential-placement IEP because District offered no evidence they could not be provided outside that setting.
2014
- Order Granting Motion for Stay PutOAH granted Student's stay put motion, keeping Student at Twin Oaks Adult Transition Program under his March 6, 2014 IEP. District had never treated his behaviors as a conduct violation or sought an interim alternative setting.
- Order Denying Motion for Stay PutOAH denied Student's stay put motion because Student sought to move the August 2014 IEP services to his home school, which was never the last agreed-upon and implemented placement.
- Order Denying Motion for Stay PutOAH denied Student's stay put motion because a prior OAH decision ordering limited tuition reimbursement for procedural violations did not make the non-public school Student's stay put placement.
- Order Denying Motion for Stay PutOAH denied Student's second stay put motion because Student, temporarily living outside San Ramon Valley, offered no IEP, declaration, or legal authority requiring the district to keep serving him.
- Order Denying Motion for Stay PutOAH denied Student's stay put motion to remain at Wings Learning Center because the nonpublic school unilaterally ended Student's placement, leaving San Ramon obligated to find a comparable placement.
- Order Denying Motion for Stay PutOAH denied Student's stay put request because a February 25, 2014 federal District Court order already set Student's stay put, and Oakland did not dispute that order controlled.
- Order Granting Motion for Stay PutOAH granted Student's stay put motion and ordered District to use the Center for Autism Related Disorders (CARD) for behavior services, because Student's last implemented IEP named CARD as the provider.
- Order Denying Student's Motion for Stay PutOAH denied Student's stay put motion because the IEP called for speech services from a nonpublic school, not a particular provider, so Roseville need not contract with Easter Seals.
- Order Denying Motion for Stay Put and Clarifying Terms of Stay PutOAH denied Student's request for stay put at Center for Change, a Utah hospital treatment facility Parents chose, but ruled stay put is a placement consistent with Student's last implemented September 2013 IEP.
- Order Denying Motion for Stay PutOAH denied Student's stay put motion seeking private school funding because a student who transfers districts over the summer has no stay put right under the prior district's IEP.
- Order Requesting Additional Information Regarding Motion for Stay PutOAH put off ruling on Student's opposed stay put motion and ordered both sides to file complete, legible copies of the IEP and IEP amendment because the filings were incomplete.
- Order Granting in Part and Denying in Part Student's Motion for Stay PutOAH ordered Oakland Unified to implement Student's October 15, 2013 IEP as stay put at Lafayette Elementary after his old program closed, but denied an added escort not in the IEP.
- Order Granting Motion for Stay PutOAH granted stay put keeping a 17-year-old Student in his high school special day class, finding the district's proposed move to an adult transition program was a material change, not natural progression.
- Order Granting Student's Motion for Stay PutOAH granted Student's stay put motion and ordered District to provide a comparable residential treatment placement, rejecting District's day-school substitute because it was not comparable to 24-hour residential care.
- Order Denying Motion for Stay PutOAH denied Student's stay put request to return to school because Student had graduated with a regular high school diploma and was no longer eligible for special education.
- Order Requesting Further Information Regarding Motion for Stay PutOAH held off ruling on Student's stay put request and ordered both sides to submit, by September 17, 2014, proof that Student graduated with a regular diploma and/or Student's last implemented IEP.
- Order Denying Motion for Stay PutOAH denied Student's stay put motion because she filed her due process complaint only after she had already graduated with a regular diploma, so no placement remained to preserve.
- Order Requesting Additional Evidence in Support of Motion for Stay PutOAH held off on deciding Student's unopposed stay put motion and ordered both sides to file Student's last agreed-upon and implemented IEP within three business days, or the motion would be denied.
- Order Following Further Prehearing ConferenceOAH denied Santa Rosa's stay put motion for now because it lacked enough information to decide whether the Sierra School is comparable to ACE, Student's former nonpublic school, which is no longer available.
- Order Denying Motion for Stay Put and Defining Terms of Student's Stay PutOAH denied Student's request for stay put at the closed Banneker Special Education Center because her last agreed-upon and implemented IEP placed her at Avalon Gardens Elementary School.
- Order Partially Denying Motion for Stay Put and Defining Stay PutOAH denied Student's request for stay put based on a May 2011 IEP and set stay put on the later August 27, 2013 IEP, which Student and his father had signed and District had implemented.
- Order Granting Motion for Stay PutOAH granted Student's stay put motion, ordering Roseville to keep CARD as her ABA provider because her need for continuity and Roseville's lack of a transition plan tipped the equities her way.
- Order Denying Motion for Stay PutOAH denied Student's stay put motion because Student showed no dispute over placement, and District swore it would keep implementing the May 5, 2014 IEP during the case.
- Order Granting Motion for Stay PutOAH granted Student's stay put motion, ordering LAUSD to keep providing the behavior aide services (BII) promised in the settlement and IEP, because those documents assigned the aide to Student, not to all students.
- Order Denying Motion for Stay PutOAH denied Student's stay put motion seeking placement at Carnegie Middle School because Student never attended Carnegie, it is not his home school, and no IEP ever named it as his school.
- Order Denying Student's Request to Delay Stay Put DecisionOAH denied Student's request to delay a stay put ruling as moot because OAH had already decided the stay put motion the day before.
- Order Denying Motion for Stay PutOAH denied Student's stay put request to stay in a K-2 autism special day class, ruling that moving up to the equivalent 3-5 class on another campus keeps the status quo.
- Order Denying Motion for Stay PutOAH denied Student's stay put request for a one-to-one aide because the last agreed-upon IEP, as amended after a settlement, provided only special education staff to take notes in academic classes.
- Order Denying Motion for Stay PutOAH denied Student's stay put motion to keep the discontinued ICAP autism preschool class, finding LAUSD's replacement PSC class at the same school closely replicates it given changed circumstances.
- Order Granting Student Motion for Stay Put; Denying District Motion for Stay PutOAH granted Student's stay put in general education at his school of residence, because the parties never agreed to a permanent placement after his contested initial IEP and the special day class summer placement was temporary.
- Order Granting Motion for Stay PutOAH ordered West Sonoma to keep Student at Innercept, her out-of-state residential treatment center, as stay put, finding a planned discharge date was not a changed circumstance justifying a comparable substitute placement.
- Order Partially Denying Student's Motion for Stay Put and Defining Stay PutOAH refused to keep Student in fifth grade or order a private driver as stay put, ruling that grade advancement to middle school preserves the status quo under the last implemented IEP.
- Order Denying Motion for Stay PutOAH denied Student's request for stay put at Nesbit Elementary School because the IEP made the elementary placement for one school year only, and moving to middle school was a natural grade progression.
- Order Regarding Stay PutOAH denied District's request to declare a middle school Student's stay put placement. Student never filed a stay put motion, so granting District's 'opposition' would amount to summary adjudication, which special education law does not allow.
- Order Granting Motion for Stay PutOAH granted Student's stay put motion and ordered District to keep using CARD for behavior services because the last implemented IEP named CARD and District was still negotiating an interim CARD contract.
- Order Granting Motion for Stay PutOAH granted Student's stay put motion and ordered District to keep using CARD for behavior services, because CARD was named in the last agreed IEP and District could still contract with it.
- Order Granting Motion for Stay PutOAH granted Student's stay put motion and ordered District to keep CARD as the behavior services provider, because the last agreed-upon IEP named CARD and District showed no reason CARD could not continue.
- Order Denying Motion for Stay Put for Extended School Year 2014OAH denied Student's stay put motion for summer 2014 because District moved all extended school year services to another campus and offered a comparable program, and the IEP named no particular teacher.
- Order Granting Motion for Stay PutOAH granted Student's stay put motion and ordered District to keep using CARD as Student's behavior services provider, because the IEP named CARD and District showed no valid reason to switch providers.
- Order Granting Motion for Stay PutOAH ordered District to keep Student's longtime behavior provider, CARD, as stay put because District showed no credible reason to switch and admitted it could still contract with CARD.
- Order for Supplemental Briefing on Motion for Stay PutOAH deferred ruling on whether Student's stay put is Nesbit Elementary or Ralston Middle School and ordered District to produce the IEPs it relied on, because its motion lacked supporting documentation.
- Order Granting in Part and Denying in Part Student's Motion for Stay PutOAH granted stay put only through extended school year 2014 for a Student turning 22, because his year-round program could finish that term, but denied stay put afterward.
- Order Denying Motion for Stay PutOAH denied Student's stay put motion to return to nonpublic school TERI because TERI had exited Student, and OAH cannot force a nonpublic school to keep serving a particular student.
- Order Denying Motion for Stay PutOAH denied Student's stay put motion to block District from awarding him a regular diploma, because Student did not claim he failed to meet diploma requirements, only that District denied him FAPE.
- Order Denying Motion for Stay PutOAH denied Student's stay put motion to remain at a nonpublic school because Student was removed to an interim alternative educational setting for possessing marijuana at school, an exception to stay put.
- Order Denying Motion for Stay PutOAH denied Student's stay put motion seeking Lindamood Bell LiPS and Seeing Stars services, finding the last agreed-upon IEP only provided general resource and speech services without specifying that methodology.
- Order Partially Granting Motion for Stay PutOAH partially granted Student's stay put motion: the February 4, 2014 IEP services stay in place, but stay put does not keep Student in eighth grade, because advancing to the next grade preserves the status quo.
- Order Granting Motion for Stay PutOAH granted stay put at a Utah residential treatment center for a 16-year-old the District said had graduated, because her placement had not yet ended when Parents promptly filed for due process.
- Order Granting Motion to Amend and Denying Motion for Stay PutOAH granted Student's unopposed amendment and reset timelines, but denied stay put as withdrawn after Student conceded she is now too old for the nonpublic school in her last agreed-upon IEP.
- Order for Supplemental Briefing on Motion for Stay PutOAH held off ruling on Student's stay put motion against Elk Grove and ordered both sides to brief whether Student moved out of Sacramento City Unified before the April 25, 2014 IEP.
- Order Granting Student's Motion for Stay PutOAH granted Student stay put in a general education class with a full-time one-on-one aide against Greenfield SD and KCSOS, because the signed October 2013 amendment was part of the last implemented IEP; denied as to Bakersfield SD.
- Order Denying District's Motion for Clarification of Stay PutOAH denied Spencer Valley's request to move Student to a neighboring district's program as stay put, because the location of Student's program is the very issue in dispute.
- Order Granting Request for Reconsideration and Clarifying Order Granting Motion for Stay PutOAH granted Student's reconsideration request and barred County from graduating Student during the dispute, because graduation with a regular diploma is a change of placement that stay put blocks.
- Order Denying Student's Motion for Stay PutOAH denied Student's stay put motion seeking return to her home school because Parent had revoked consent to special education and never consented to or allowed implementation of any IEP placing her there.
- Order Denying Motion for Stay PutOAH denied Student's stay put motion because Student offered only two one-page IEP excerpts, which did not show his last agreed-upon and implemented IEP after his transfer to Greenfield.
- Order Granting Motion for Stay PutOAH granted stay put for a Student detained in Juvenile Hall, ordering services comparable to his last implemented IEP because his nonpublic school placement and group counseling could not be provided there.
- Order Granting Motion for Stay PutOAH granted District's stay put motion, setting the May 22, 2007 IEP in full as Student's stay put. Parents cannot drop services they no longer want from the last agreed-upon and implemented IEP.
- Order Denying Motion for Stay PutOAH denied Student's stay put motion because there was no evidence the 2007 IEP was ever implemented, and Parents cannot unilaterally revoke or modify parts of an IEP to create a stay put placement.
- Order Denying Motion for Stay PutOAH denied Student's stay put request for Parent's preferred aide because District was implementing the IEP's adult assistance as written and choosing qualified staff is the district's decision.
- Order Requiring Further InformationOAH deferred ruling on Student's stay put motion and ordered both sides to file sworn briefing, because Student's time outside public school made it unclear whether the 2007 IEP was really the stay put placement.
- Order Denying Motion for Stay PutOAH denied Student's stay put motion to remain at Oak Grove Center because the private residential facility ended its contract with proper 20-day notice, so the placement was no longer available.
- Order (1) Denying District's Motion to Dismiss, and (2) Granting Student's Motion for Stay PutOAH granted Student stay put in daily one-on-one instruction under her June 2013 IEP and kept the case, because the settlement's small-group change was never implemented and the complaint alleges a FAPE denial.
- Order Denying Amended Motion for Stay PutOAH denied Student's request for stay put speech and OT services apart from placement because stay put is the last agreed-upon and implemented IEP, not the unconsented June 2013 IEP.
- Order Granting Motion for Stay PutOAH granted Student's stay put motion, ordering the District to keep providing services under the last agreed-upon IEP. Whether Student still lives in the District is a merits question that requires a hearing.
- Order Granting Motion for Stay PutOAH ordered District to pay Parent's airfare up front as stay put, because the IEP promised parent air travel for Student's medical needs and reimbursement-only effectively denied the service.
- Order Denying Motion for Stay PutOAH denied Student's stay put motion seeking school-nurse administration of non-prescription cannabidiol (CBD), finding stay put cannot compel District staff to violate state and federal drug laws even though the IEP called for it.
2013
- Order Denying Motion for Stay PutOAH denied Student's stay put motion because Student gave no evidence of his last implemented IEP and District, not his district of residence, had revoked his inter-district transfer permit.
- Order Granting Motion for Stay PutOAH granted stay put at Bayhill Academy because the District's SELPA director approved Student's attendance there, Student attended for two months, and the District offered no evidence the placement was conditional.
- Order Granting District's Request for Clarification of Order Granting Stay PutOAH clarified its stay put order. The District must provide 20 hours of weekly behavior services at school and the remaining 12.5 hours at home, matching what the parties later agreed.
- Order Granting Motion for Reconsideration and Denying Motion for Stay PutOAH granted Student's request to reconsider but again denied stay put, finding after-school transportation to a daycare was a courtesy outside the IEP, not part of Student's IEP placement.
- Order Denying Motion for Stay PutOAH denied Student's stay put motion because the 2010 settlement agreement and its signed 2011 and 2012 modifications each set stay put as a District ABA special day class, not the private CDC placement.
- Order Granting in Part and Denying in Part Motion for Stay PutOAH ordered the District to offer an out-of-state residential placement matching Student's last agreed IEP, but refused to make Parent's unilateral choice, Maple Lake Academy, the stay put placement.
- Order Denying District's Motion for Stay PutOAH denied Chula Vista's stay put motion because stay put protects students from district removal and cannot be used to force Parents to keep Student in a placement they believe is inappropriate.
- Order Following Prehearing Conference, Granting Continuance and Setting New Prehearing Conference and Hearing Dates, and Denying Motion for Stay PutOAH denied Student's stay put motion because District swore it was already implementing the last agreed-upon April 27, 2012 IEP. OAH also granted an unopposed continuance and extended Student's time to respond to District's motions.
- Order Granting District's Request to Clarify the August 27, 2013 OrderOAH clarified its stay put order. District must let Student's private nurse accompany him to class in the afternoons, because past practice showed the nurse attended class with him.
- Order Denying Motion for Stay PutOAH denied Student's stay put motion because, during a manifestation determination appeal, Student stays in the interim alternative educational setting (home) until the appeal is decided or 45 school days pass.
- Order Granting Motion for Stay PutOAH granted Student's stay put motion, ordering District to let Student's private LVN attend school with him in the afternoons, as the last implemented July 12, 2012 IEP provided.
- Order Granting in Part and Denying in Part Student's Motion for Stay PutOAH granted Student stay put under her May 16, 2012 IEP but refused to hold her back in third grade, ruling that advancing grade to grade with the same supports preserves the status quo.
- Order Regarding Motion for Stay PutOAH denied Parent's stay put motion because it lacked a valid proof of service on the District and did not include Student's most recent signed IEP; Parent may refile.
- Order Denying Motion for Stay PutOAH denied Student's stay put request for after-school transportation to daycare because the IEPs listed it only as a parent request, and the district had provided it as a courtesy outside the IEP.
- Order Denying Student's Fifth Motion and Amended Fifth Motion for Stay PutOAH denied Student's fifth stay put motion because the parties' May 2010 settlement agreement set stay put as the placement offered at the 2013 triennial IEP meetings, not Student's home school program.
- Order Denying Motion for Stay PutOAH denied Student's stay put request to keep Leafwing as her behavior services provider, because the IEP did not name a specific NPA and the District ended its Leafwing contract for all students.
- Order Granting Motion for Stay PutOAH kept Student in the multiple disabilities special day program at Paul Revere Middle School as stay put because Venice High's program, with toileting facilities 100 feet away, did not closely replicate it.
- Order Granting Motion for Stay Put Pursuant to Final Settlement AgreementOAH granted Student's stay put motion but set stay put at her school of residence under her April 2011 IEP, not Fusion Academy, because the settlement agreement's stay put clause said so.
- Order Denying Motion for Stay PutOAH denied Student's stay put motion seeking continued residential treatment placement from Alhambra, because District never offered or implemented that placement and the placement was court-ordered.
- Order Denying Motion for Stay Put Without PrejudiceOAH denied Student's stay put motion without prejudice because Student did not show which IEP placement and services were last agreed to and implemented, though stay put applies in District-filed cases.
- Order Denying Motion for Stay PutOAH denied Student's request for Echo Center as stay put after Student's nonpublic school closed, finding District's County DHH program more closely replicated the closed school and Echo Center was impractically far.
- Order Granting in Part and Denying in Part Student's Motion for Stay PutOAH confirmed Beacon nonpublic school as Student's stay put placement but refused to halt District's expulsion proceeding, because discipline law lets a district move a student to an interim alternative setting.
- Order Granting Motion for Stay PutOAH granted Student stay put at his residential nonpublic school because he challenged the District's planned graduation before the diploma date; the District's later conferral of a diploma did not defeat stay put.
- Order Granting Motion for Stay PutOAH granted Student's stay put motion, ordering the District to provide the extended school year services from the October 2011/April 2012 IEPs because a short December 2012 IEP covering only winter break did not clearly replace them.
- Second Order for Supplemental Briefing on Student's Last Agreed and Implemented PlacementOAH ordered the District to file the IEP it considers Student's last agreed and implemented IEP, because neither side had clearly established the stay put placement.
- Order Denying Student's Fourth Motion for Stay PutOAH denied Student's fourth stay put motion as repetitive and premature, warned Parents that further identical filings may draw sanctions, and declined to rule on the District's new stay put theory.
- Order Denying Motion for Stay PutOAH denied Student's stay put motion because Student turns 22 in July 2013, so under Education Code section 56026 her right to special education and stay put ends June 30, 2013.
- Order Granting Motion for Stay PutOAH granted stay put blocking District from graduating an 18-year-old Student, because graduation with a regular diploma is a change of placement and Student filed for due process before graduating.
- Order Following Pre-Hearing ConferenceOAH denied Student's stay put request because it rested only on argument, with no sworn evidence that the September 2011 IEP was the last implemented IEP before the dispute arose.
- Order Denying Motion for Stay PutOAH denied Student's request to block her promotion from eighth to ninth grade because a student never found eligible has no IEP placement to stay put, and stay put does not control grade promotion.
- Order Granting in Part Motion for Stay PutOAH barred Fremont Unified from giving Student a regular high school diploma while his due process case is pending, because stay put blocks a district from ending eligibility through graduation; placement and services request denied.
- Order Granting Motion for Stay PutOAH granted Student's stay put motion because the parties disputed whether the District was implementing the March 13, 2013 IEP's mainstreaming, speech, and occupational therapy services.
- Order Denying Motion for Stay PutOAH denied Student's stay put motion as premature: Student remains in the agreed home placement until the 2013-2014 school year begins, and the pending triennial IEP process may decide stay put.
- Order Denying Motion for Stay PutOAH denied Student's renewed stay put motion, treated as reconsideration, because Student again offered no sworn declaration or copy of the last agreed-upon and implemented IEP, only a legible settlement agreement.
- Order Denying Motion for Stay PutOAH denied Student's stay put motion seeking return to Washington High after dis-enrollment for nonresidency, finding no admissible evidence she lived with her father in District and no OAH jurisdiction over McKinney-Vento homelessness claims.
- Order Denying Motion for Stay PutOAH denied Student's stay put request for a nonpublic school, holding that stay put after an in-state transfer is District's interim placement comparable to the last agreed-upon IEP, not the prior district's settlement placement.
- Order Denying Motion for Stay PutOAH denied Student's stay put motion without prejudice because the complaint only mentioned stay put in its caption and offered no facts or legal argument to support it.
- Order for Supplemental Briefing Concerning Student's Motion for Stay Put and District's Motion to DismissOAH ordered supplemental briefing with sworn declarations before ruling on Student's stay put motion and EGUSD's motion to dismiss, because it is unclear who placed Student at a licensed children's institution.
- Order Denying Motion for Stay PutOAH denied Student's stay put motion as moot because District swore in a declaration that it had no plan to change Student's placement or services while the case was pending.
- Order Regarding Stay PutOAH declined to issue a stay put order because Student's complaint never actually argued for stay put, and a denial of stay put in a related District case already controls Student's placement.
- Order Denying Motion for Stay PutOAH denied Student's one-sentence stay put request because it lacked supporting facts and law, no settlement-agreement stay put trigger had occurred, and no dispute existed about Student currently receiving services.
- Order Denying Student's Motion for Stay PutOAH denied Student's stay put motion because the prior district's IEP was never validly consented to or implemented, and the new district only owed a comparable interim placement after transfer.
- Order Partially Granting Student's Motion for Stay PutOAH returned an indefinitely suspended autistic Student to her 3-5 SDC only for the rest of a 90-day temporary diagnostic placement, because a temporary placement cannot be stay put beyond its agreed term.
- Order Denying Motion for Stay PutOAH denied Student's stay put motion because Student did not show any dispute over placement, and District swore it was continuing to provide services in Student's current placement.
- Order Granting Motion for Stay PutOAH granted stay put and ordered District to keep Student at Petaluma High School under the August 2012 IEP, despite District dropping Student over a lapsed interdistrict transfer permit.
- Order Granting Motion for Stay Put (Corrected)OAH ordered District to keep Student at Petaluma High School under the last agreed-upon IEP, rejecting District's claim that an expired interdistrict transfer permit let it drop Student from enrollment.
- Order Denying Student's Motion for Stay PutOAH denied Student's renewed stay put motion to keep her at Wings Learning Center. The supporting email was not properly authenticated, and the IEP called for any contracted nonpublic school, not that specific school.
- Order Denying Student's Motion for Stay PutOAH denied Student's stay put motion because the settlement agreement only required District to reimburse Parents for a residential treatment center, not to place Student there.
- Order Granting Motion for Stay PutOAH granted Student's unopposed stay put motion, ordering District to keep providing the placement and services in the February 12, 2013 IEP because District did not dispute it was the last implemented placement.
- Order Denying Motion for Stay PutOAH denied Student's stay put motion without prejudice because Student, placed in a group home by a non-educational public agency, pled no facts showing Elk Grove was responsible for her education there.
- Order Granting Motion for Stay PutOAH granted Student's stay put motion, ordering the District to resume services from Hayden Consultation Services because the nonpublic agency was an integral, pervasive part of Student's IEP and the District had no replacement.
- Order Denying Motion for Stay PutOAH denied Student's stay put motion to remain at Banyan Tree Foundations Academy because the nonpublic school ended its contract with proper notice, making that placement unavailable.
- Order Granting Student's Motion for Stay Put and Denying District's Motion for Stay PutOAH kept Student at Phoenix Secondary Academy as stay put because his expulsion was reinstated by the Superior Court and Phoenix was the only community school placement either side identified.