Re: Digest Number 514

[Guest guest]

Here are some direct quote from decisions in California Due Process

Decisions. The language is pure legal, so skip this unless it applies

to you.

Terri , Mother of Kathy, 5 HoH, Future Paleontologist

(I lost the citation, but the wording is typical)

Under federal and state special education law, unless the educational agency

and the parent agree otherwise, a special education student must remain in

his or her present educational placement pending completion of due process

hearing procedures. (Emphasis added.) 20 U.S.C. 1415(j); California

Education Code 56505(d). This provision is commonly referred to as " stay

put. " The United States Supreme Court in Honig v. Doe (1988) 484 U.S. 305,

affirmed that the right to stay put is " unequivocal. "

Case No. SN 1095-96

STUDENT V. TEMECULA VALLEY UNIFIED SCHOOL DISTRICT AND

RIVERSIDE COUNTY MENTAL HEALTH

DISCUSSION

Under federal and state law, special education students must remain in their

current educational placement pending resolution of due process. 20 U.S.C.

1415(e)(3); California Education Code 56505. Both the federal and state stay

put provisions indicate that the stay put rule applies unless the school

district and the parents agree otherwise. 20 U.S.C. 1415 (e)(3); Education

Code 56505 (d). A student's current educational placement is generally the

placement called for by the student's IEP and which has been implemented

prior to a dispute arising. v. Cincinnati Board of Education, 918 F.

2d 618, 625 (6th Cir. 1990). The purpose of the stay put is to ensure some

stability in a disabled student's school placement during the pendency of

impartial review proceedings. Board of Education v. Ambach, 612 F. Supp.

230, 233 (E.D.N.Y. 1982). Thus, stay put is generally invoked when there is

a proposal to change a student's placement.

CASE NO. SN 1404-96

STUDENT V. MERCED COUNTY OFFICE OF EDUCATION

STAY PUT ORDER (AMENDED)

Office of Special Education Program (OSEP) advisory, which identifies the

following four factors to apply in determining whether a proposed change

" substantially or materially " alters a child's program:

1. Whether the educational program set out in the child's IEP has been

revised;

2. Whether the child will be able to be educated with nondisabled children

to the same extent;

3. Whether the child will have the same opportunities to participate in

nonacademic and extracurricular services; and

4. Whether the new placement option is the same option on the continuum of

alternative placements.

Letter to Fisher (April 18, 1994) 21 IDELR 992, 995.

A student's current educational placement is generally the placement called

for by the student's IEP and which has been implemented prior to the dispute

arising. v. Cincinnati Board of Education (6th Cir. 1990) 918 F. 2d

618, 625. California regulations define " specific educational placement " as

that " unique combination of facilities, personnel, location or equipment

necessary to provide instructional services to an individual with

exceptional needs, as specified in the individualized education program, in

any one or a combination of public, private, home and hospital, or

residential settings. " Title 5, California Code of Regulations 3042(a).

Because placement is defined, in part, as a unique combination of

facilities, personnel, and location, a particular program site may be an

intrinsic component of the placement. Thus a change in the location in which

services are delivered generally constitutes a change in placement.

on 4/30/00 2:37 AM, Listen-Upegroups at Listen-Upegroups wrote:

> Message: 11

> Date: Sat, 29 Apr 2000 15:17:53 -0700

>

> Subject: Second try - stay put law

>

> I'm giving this a try again, as I haven't yet received any feedback. We are

> meeting with the Director of Special Ed in our district on May 1 in hopes of

> finding about this " new " program. The " meet the new teacher " tea was

> cancelled at the last minute. Here's my post of 4/23 again:

>

> I hardly post at all, but hope Celeste or someone else out there can advise

> me on where to look for this information.

> ...

> HELP. The director of our current school is helping to gather information.

> Is there such a thing as a " stay put " clause, where the district would have

> to take us to due process? This is the rumor I heard from another one of

> the moms in our situation.

>

> Thanks!

>

> Joan, mom of Madeline

>

>