California OAH special education order · November 22, 2013
Order Granting Motion to Consolidate
OAH Case No. 2013090788, 2013110591 · ALJ Timothy L. Newlove
OAH consolidated Student's and District's due process cases because they share common questions of law and fact, consolidation serves judicial economy, and Student did not oppose.
This case went to decision
Student v. Hemet Unified School District (consolidated): Hemet Unified's May 2013 preschool special day class offer upheld, but it cannot implement its January 2014 offer. (2014)
Summary
Student filed a due process complaint against Hemet Unified School District in September 2013. In November 2013 the District filed its own complaint against Student and moved to consolidate the two cases. Student filed no response, and OAH granted the motion because the cases involve common questions of law and fact and consolidation saves time. OAH vacated the dates in Student's case, adopted the District case's mediation and hearing dates, and based the 45-day decision timeline on the District complaint's filing date.
Why it matters
A district's later-filed complaint can absorb a student's case, pushing back the student's hearing date and resetting the decision timeline to the district's filing date. Families who object should file an opposition promptly, because silence is treated as non-opposition.
Key authority cited
- 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:
HEMET UNIFIED SCHOOL DISTRICT, OAH CASE NOs. and 2013110591 2013090788 v.
ORDER GRANTING MOTION TO
PARENT ON BEHALF OF STUDENT. CONSOLIDATE
On September 23, 2013, Parents, on behalf of Student, filed with the Office of Administrative Hearings (OAH) a Due Process Complaint (Student Complaint) that named the Hemet Unified School District (District). OAH has assigned the Student Complaint case number 2013090788. Currently pending in the Student Complaint is a prehearing conference set for November 25, 2013, and a due process hearing set for December 3, 2013.
On November 18, 2013, the District, through counsel, filed with OAH a Due Process Complaint (District Complaint) that named Student. OAH has assigned the District Complaint case number 2013110591. Currently pending in the District Complaint is a mediation set for December 3, 2013, a prehearing conference set for December 9, 2013, and a due process hearing set for December 17, 2013.
Also, on November 18, 2013, the District filed with OAH a Motion to Consolidate the Student and District Complaints. Student has not filed with OAH a response to this motion.
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, the Student and District Complaints involve common questions of law and fact, consolidation will further judicial economy for all parties, and Student has not opposed the Motion for Consolidation. Accordingly, consolidation is granted.
ORDER
1. The District’s Motion to Consolidate is granted. OAH case numbers 2013090788
and 2013110591 are hereby consolidated.
2. All dates previously set in OAH case number 2013090788 (Student Complaint)
are vacated.
3. The mediation and hearing dates currently set in OAH case number 2013110591
(District Complaint) shall become the mediation and hearing dates for the consolidated matters..
4. The 45-day timeline for issuance of the decision in the consolidated cases shall be
based on the date of the filing of the complaint in OAH case number 203110591 (District Complaint).
Dated: November 22, 2013 /s/
TIMOTHY L. NEWLOVE
Presiding Administrative Law Judge Office of Administrative Hearings