California OAH special education order · May 21, 2014
Order Granting Motion to Consolidate and Denying Motion to Continue
OAH Case No. 2014030894, 2014050203 · ALJ Margaret Broussard
OAH consolidated Student's and Twin Rivers' cases because both concern the district's 2013-2014 IEP offers. It denied the continuance as moot because the combined case keeps Student's existing hearing dates.
This case went to decision
Student v. Twin Rivers Unified School District (consolidated): Twin Rivers Unified must provide 34 hours of compensatory behavior services; its special day class offer may be implemented. (2014)
Summary
Twin Rivers moved to consolidate its due process case with Student's earlier-filed case. It also asked OAH to continue its own hearing date so both cases could be heard on the dates already set in Student's case. Student did not respond. OAH granted consolidation because the cases share common questions about Twin Rivers' 2013-2014 IEP offers, as well as overlapping evidence and witnesses. It made Student's case the primary matter, vacated all dates in the district's case, and denied the continuance request as moot.
Why it matters
When a district files its own case after a parent's complaint, OAH will usually combine them and keep the parent's earlier filing date and hearing schedule as the controlling timeline. That can protect the parent's place on the calendar.
Key authority cited
- Gov. Code, § 11507.3, subd. (a)
- Code Civ. Proc., § 1048, subd. (a)
- Ed. Code, § 56502, subd. (f)
- Ed. Code, § 56505, subd. (f)
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. 2014030894 v.
TWIN RIVERS UNIFIED SCHOOL
DISTRICT,
TWIN RIVERS UNIFIED SCHOOL OAH Case No. 2014050203
DISTRICT,
v.
ORDER GRANTING MOTION TO
PARENT ON BEHALF OF STUDENT. CONSOLIDATE AND DENYING
MOTION TO CONTINUE
On March 24, 2014, Student filed a request for due process hearing in Office of Administrative Hearings case number 2014030894 (Student’s Case), naming Twin Rivers Unified School District (Twin Rivers). On May 5, 2014, Twin Rivers filed a request for due process hearing in OAH case number 2014050203 (Twin River’s Case), naming Student.
On May 13, 2014, Twin Rivers filed a motion to consolidate Student’s Case with its case and to continue the due process hearing date set in its case and proceed to hearing on the dates currently set in Student’s Case. Student did not file a response to the motion.
APPLICABLE LAW AND DISCUSSION
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 Case and Twin River’s Case involve a common question of law or fact, specifically, Twin River’s individualized education program offers made in the 2013- 2014 school year. Student did not object to the consolidation request. In addition, consolidation furthers the interests of judicial economy because of the commonality of legal and factual issues, plus documentary evidence and witnesses. Accordingly, consolidation is granted.
Specific Hearing Dates A due process hearing must be held, and a decision rendered, within 45 days of receipt of the complaint, unless a continuance is granted for good cause. (Ed. Code, §§ 56502, subd. (f) & 56505, subd. (f)(1)(C)(3).)
Twin Rivers requests that its case be continued and that the consolidated hearing take place on the dates that the parties already agreed to and are on calendar in Student’s Case.
Student’s Case will be the primary matter and all dates in Twin River’s Case are vacated.
Therefore, the motion to continue is denied as moot.
ORDER
1. The motion to consolidate is granted.
2. All dates previously set in OAH Case number 2014050203 (Twin River’s Case)
are vacated. The consolidated cases shall proceed on the dates set in the primary matter, Student’s Case, OAH Case No. 2014030894. The prehearing conference is scheduled on May 23, 2014, at 1:00 p.m., and the hearing is scheduled for June 3-5, 2014.
3. 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 Student’s Case, OAH case number 2014030894.
DATE: May 21, 2014
/S/
MARGARET BROUSSARD
Administrative Law Judge Office of Administrative Hearings