California OAH special education order · January 24, 2014
Order Granting Motion to Consolidate
OAH Case No. 2013100097, 2014010095 · ALJ Susan Ruff
OAH consolidated Student's case with the High School District's case because both turn on whether Student was offered a FAPE for 2013-2014, saving witnesses from testifying twice and avoiding inconsistent rulings.
This case went to decision
Student v. Huntington Beach Union High School District et al. (consolidated): Huntington Beach Union High may place student at a locked Utah treatment center; all claims against both districts denied. (2014)
Summary
Student's parent filed a due process case against the High School District and the Elementary School District. The High School District later filed its own case against Student and asked OAH to combine the two, and no one opposed. OAH granted the motion because both cases share the common question of whether Student was offered a free appropriate public education for the 2013-2014 school year, and one hearing saves time and avoids inconsistent decisions. The dates in Student's earlier case remain in place, the dates in the District's case were vacated, and the 45-day decision timeline runs from the filing of Student's complaint.
Why it matters
When a district files its own case on the same school year, OAH will usually combine it with the parent's earlier case. The parent's original hearing dates and decision timeline normally control the combined case.
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 Consolidated Matters of:
PARENT ON BEHALF OF STUDENT, OAH CASE NO. 2013100097
v.
HUNTINGTON BEACH UNION HIGH
SCHOOL DISTRICT, HUNTINGTON
BEACH CITY SCHOOL DISTRICT.
HUNTINGTON BEACH UNION HIGH OAH CASE NO. 2014010095
SCHOOL DISTRICT,
v.
ORDER GRANTING MOTION TO
PARENT ON BEHALF OF STUDENT. CONSOLIDATE
On September 30, 2013, Student’s parent on behalf of Student filed a request for a due process hearing in Office of Administrative Hearings (OAH) case number 2013100097 (First Case), naming the Huntington Beach Union High School District (High School District), the Huntington Beach City School District (Elementary School District) and the West Orange County Consortium for Special Education (SELPA). On December 24, 2013, OAH issued an order dismissing the SELPA from the action.
On January 2, 2014, the High School District filed a request for a due process hearing in OAH case number 2014010095 (Second Case), naming Student and Student’s parent.
On January 7, 2014, the High School District filed a Motion to Consolidate the First Case with the Second Case. No party has filed an opposition to the 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 First Case and Second Case involve a common question of law or fact, specifically, whether the District offered Student a free appropriate public education for the 2013-2014 school year. Consolidation furthers the interests of judicial economy because it will prevent witnesses from having to testify in two different hearings on the same topics and will avoid the possibility of inconsistent verdicts. The High School District believes that the current hearing dates set in the First Case will be sufficient for the consolidated hearing.
ORDER
1. The High School District’s Motion to Consolidate is granted. The First Case and
Second Case are hereby consolidated.
2. All dates previously set in OAH Case Number 2014010095 [Second Case] are
vacated.
3. The dates in the First Case will remain on calendar as previously set. Those dates
will be the dates for the consolidated cases, unless otherwise ordered. 1
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 2013100097 [First Case].
Dated: January 24, 2014 /s/
SUSAN RUFF
Administrative Law Judge Office of Administrative Hearings The District explained in its moving papers that the District office is closed on the first day of hearing (February 10, 2014), and requests that the hearing start the next day.
That request will be addressed during the telephonic prehearing conference. There is no need to address it as part of this motion.