Stays of proceedings

8 California OAH special education orders on stays of proceedings, newest first, each with a plain-English summary. Search and filter these orders.

2020

• May 4, 2020 · OAH Case No. 2019090001 · Santa Clara County Office of Education; Discovery Charter ScOrder Denying Student's Motion to Stay Proceeding, Granting Dismissal of Sunnyvale School District, Dismissal of Santa Clara Office of Education, Discovery Charter School II, and Student's Complaint Sua Sponte, and Denying Sunnyvale's Motion for Directed VerdictOAH denied Student's request to stay the case pending appeal, finding no legal authority for a stay, then dismissed all agencies and the complaint after a bifurcated decision found two respondents were not responsible LEAs.

2019

• April 22, 2019 · OAH Case No. 2019030332 · East Side Union High School DistrictOrder Following Prehearing Conference; Denying Request for Stay; Granting Request to Mediate and Request for Continuance; and Setting Prehearing Conference and Due Process Hearing DatesOAH denied East Side's request to stay Student's case because the district cited no legal authority requiring a stay, but continued the hearing so the parties could mediate.

2018

• July 16, 2018 · OAH Case No. 2018010953 · Silicon Valley Flex AcademyOrder Denying Request for a Stay of ProceedingsOAH denied Student's request to stay the due process case while he sought a federal writ, finding OAH has no power to stay proceedings indefinitely and the IDEA allows no interlocutory appeals.

2017

• July 31, 2017 · OAH Case No. 2017061183 · Goleta Union School DistrictOrder Denying Motion to Stay ProceedingsOAH denied Goleta's motion to stay Student's second due process case pending the first, because the IDEA lets parents file separate complaints and District's cited authority did not apply.

2015

• March 24, 2015 · OAH Case No. 2015030749 · Irvine Unified School DistrictOrder Denying Request for Stay of Proceedings and/or to ContinueOAH denied Student's request to stay Irvine's due process case pending Student's Ninth Circuit appeal of an earlier decision, because the new case concerns a different IEP that was never litigated.

2014

• May 2, 2014 · OAH Case No. 2012100242, 2012100291 · Fresno Unified School DistrictOrder Denying Motion to Stay Remedies Portion of Bifurcated HearingOAH denied Fresno's request to pause the remedies hearing while it appeals the liability decision to federal court, because an open-ended stay conflicts with the IDEA's requirement of a speedy resolution.
• April 11, 2014 · OAH Case No. 2014040200 · San Francisco Unified School DistrictOrder Denying Without Prejudice District's Request to Stay ProceedingsOAH denied without prejudice District's request to take the case off calendar for lack of service, because Student's proof of service showed fax service and District offered no supporting declaration.

2013

• April 9, 2013 · OAH Case No. 2013040071 · Irvine Unified School DistrictOrder Denying Student's Motion for Stay of School Attendance Review Board (SARB) HearingOAH denied Student's request to stop the District's School Attendance Review Board (SARB) truancy proceedings, because OAH has no jurisdiction over SARB matters and Student offered no admissible evidence.