California OAH special education order · July 30, 2013
Order Denying Request to Consolidate Without Prejudice and Denying Request for Expedited Hearing
OAH Case No. 2013070968 · ALJ Adrienne L. Krikorian
OAH denied Student's requests for an expedited hearing and to consolidate with a sibling's case. No discipline-related circumstances under 20 U.S.C. § 1415(k) were alleged, and the consolidation request was a bare mention in the complaint.
Summary
Student's due process complaint against Cupertino Union School District included requests to consolidate the case with a sibling's separate case and to expedite both hearings, and District did not respond. OAH denied consolidation without prejudice because the request was only mentioned at the start of the complaint. It did not explain why the cases should be combined and was not filed as a separate motion that gave District a chance to respond. OAH also denied the expedited hearing because IDEA claims are expedited only in the limited discipline-related circumstances of 20 U.S.C. § 1415(k), and none were alleged. All mediation and hearing dates were confirmed.
Why it matters
A request to consolidate should be filed as its own motion, with specific facts showing common issues and judicial economy, and served so the other side can respond. Expedited hearings are available only for the discipline-related situations listed in Section 1415(k), not just because a family wants a faster hearing.
Key authority cited
- 20 U.S.C. § 1415(k)
- Gov. Code, § 11507.3, subd. (a)
- Code Civ. Proc., § 1048, subd. (a)
Topics
Full text of the order
Published text of the OAH order. Page headers and numbers from the original PDF have been dropped.
BEFORE THE
OFFICE OF ADMINISTRATIVE HEARINGS
STATE OF CALIFORNIA
In the Matter of:
PARENT ON BEHALF OF STUDENT, OAH CASE NO. 2013070968
v. ORDER DENYING REQUEST TO
CONSOLIDATE WITHOUT
CUPERTINO UNION SCHOOL PREJUDICE AND DENYING
DISTRICT. REQUEST FOR EXPEDITED
HEARING
On July 22, 2013, Student filed a request for due process hearing (complaint) naming Cupertino Union School District (District). The complaint included a request for 1)
consolidation of Student’s case with a separate case filed on behalf of Student’s sibling, and 2) an expedited hearing in both cases. District did not respond to either of Student’s requests.
Consolidation Although no statute or regulation specifically provides a standard to be applied in deciding a motion to consolidate special education cases, OAH will generally consolidate matters that involve: a common question of law and/or fact; the same parties; and when consolidation of the matters furthers the interests of judicial economy by saving time or preventing inconsistent rulings. (See Gov. Code, § 11507.3, subd. (a) [administrative proceedings may be consolidated if they involve a common question of law or fact]; Code of Civ. Proc., § 1048, subd. (a) [same applies to civil cases].)
Here, Student’s generic request for consolidation of two sibling cases was mentioned at the beginning of his complaint without addressing the merits of consolidation or explaining why the two cases were appropriate for consolidation. The request was not filed as a separate motion which gave District an opportunity to respond appropriately.
Accordingly, the request for consolidation is denied without prejudice to Student’s right to file an appropriate motion to consolidate the two cases, supported by specific factual arguments, with proper notice to, and an opportunity to respond by District.
Request for Expedited Hearing Schedule Claims brought under the Individuals with Disabilities Education Act are only set for expedited hearings under those limited circumstances provided for in Title 20 United States Code section 1415(k). None of those circumstances are alleged in Student’s complaint.
Therefore, Student’s request for an expedited hearing on the complaint is denied.
ORDER
1. Student’s Motion to Consolidate is denied.
2. Student’s request for an expedited hearing schedule is denied.
3. All mediation and hearing dates are confirmed.
Dated: July 30, 2013 /s/
ADRIENNE L. KRIKORIAN
Administrative Law Judge Office of Administrative Hearings