California OAH special education order · November 19, 2013
Order Following Status Conference, Denying Motion to Consolidate and Continuing Hearing
OAH Case No. 2013070575 · ALJ Clifford H. Woosley
OAH denied Student's mid-hearing motion to consolidate Student's own case with District's case because three hearing days were already done, and continued the hearing to December 4, 2013.
This case went to decision
Paramount Unified School District v. Student: Paramount Unified's triennial psychoeducational, speech-language, and OT assessments held appropriate; no IEEs at public expense. (2014)
Summary
On the morning of a status conference, Student's advocate moved to consolidate District's pending due process case with Student's separate case, OAH No. 2013101004. ALJ Woosley denied the motion. District's case had already finished three days of hearing, and only one more day was planned for testimony from Student's expert and teacher. Consolidation at that stage would not serve judicial economy. By agreement of the parties, the hearing was continued to December 4, 2013, and District was ordered to make witness Juanita Rivas available that afternoon.
Why it matters
Consolidation requests should be made early. Once a hearing is mostly complete, OAH is unlikely to merge cases, and the parent's separate claims will move forward on their own track.
People named in the order
- Lyndsy B. Rodgers, District attorney, Fagen Friedman & Fulfrost LLP
- Angela Gordon, District attorney
- Kimberly McClain, Special education advocate for Student
- Juanita Rivas, Witness
Topics
Full text of the order
Published text of the OAH order. Page headers and numbers from the original PDF have been dropped.
BEFORE THE
OFFICE OF ADMINISTRATIVE HEARINGS
STATE OF CALIFORNIA
In the Matter of:
PARAMOUNT UNIFIED SCHOOL OAH CASE NO. 2013070575
DISTRICT,
ORDER FOLLOWING STATUS
v. CONFERENCE, DENYING MOTION
TO CONSOLIDATE AND
PARENT ON BEHALF OF STUDENT. CONTINUING HEARING
On November 19, 2013, a telephonic status conference was convened by Administrative Law Judge (ALJ) Clifford H. Woosley. Lyndsy B. Rodgers, Fagen Friedman & Fulfrost LLP, appeared on behalf of District (District). Special education advocate Kimberly McClain appeared on behalf of Parent and Student (Student).
This matter was scheduled to begin its fourth day of hearing at 9:30 a.m., November 18, 2013, at the District’s offices. However, District’s attorney Angela Gordon contacted OAH, indicating that she was very ill and unable to attend the hearing. The hearing was continued, per Order of ALJ Woosley, to a telephonic status conference of 2:00 pm., November 19, 2013.
On the morning of November 19, 2013, and on behalf of Student, Ms. McClain filed a motion to consolidate this matter with the Student’s due process matter, OAH no.
2013101004. Both parties were given the opportunity to discuss the motion during the status
conference. The motion is denied. This, the District’s action, has already completed three days of hearing; only one more day is contemplated to take testimony from Student’s expert and teacher. Consolidation at this juncture is not appropriate and would not serve judicial economy. The hearing shall proceed herein.
Both parties commendably discussed and agreed upon a continued hearing date, at which time the Student’s expert is available to testify. Based upon discussions with the parties, the hearing is continued to:
DATE: Wednesday, December 4, 2013, at 9:30 a.m.
The hearing shall continue day to day, Monday through Thursday, as needed at the discretion of the Administrative Law Judge LOCATION: Paramount USD, 15110 California Ave., Paramount, CA 90723 District is further ordered to have witness Juanita Rivas available for testimony at 1:30 p.m., December 4, 2013.
Dated: November 19, 2013 /s/
CLIFFORD H. WOOSLEY
Administrative Law Judge Office of Administrative Hearings