California OAH special education order · August 25, 2014

Order Denying Without Prejudice Motion to Bifurcate

OAH Case No. 2014080602 · ALJ Peter Paul Castillo

OAH denied without prejudice a joint request to bifurcate Student's residency issue from FAPE claims as premature, directing the parties to raise it with the assigned ALJ at the prehearing conference.

Denied without prejudice Other orders

This case went to decision

Student v. Fortuna Union High School District et al.: Fortuna Union High School District is the district of residence for an adult student with autism living elsewhere, ALJ rules. (2014)

Summary

Student filed against three school districts and asked OAH to decide first where Student lived, which would show which district was responsible, before deciding whether any district denied a free appropriate public education (FAPE). All three districts joined the motion and asked for a trial-setting conference to set a briefing schedule on residency. OAH acknowledged the parties' arguments were compelling but denied the motion without prejudice as premature. The parties may raise bifurcation with the assigned ALJ at the September 29, 2014 prehearing conference.

Why it matters

OAH may decline to decide bifurcation early, even when all parties agree, and leave it to the hearing ALJ at the prehearing conference. Parties in multi-district residency disputes should be ready to argue bifurcation and scheduling at that conference.

Key authority cited

  • Gov. Code § 11507.3
  • Code Civ. Proc. § 598
  • 34 C.F.R. § 300.515(a)
  • Ed. Code § 56502, subd. (f)
  • Ed. Code § 56505, subd. (f)

Topics

bifurcation residency multiple districts prehearing conference responsible district

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:

STUDENT, OAH Case No. 2014080602 v. ORDER DENYING WITHOUT

PREJUDICE MOTION TO BIFURCATE

FORTUNA UNION HIGH SCHOOL

DISTRICT, KELSEYVILLE UNIFIED

SCHOOL DISTRICT, AND KONOCTI

UNIFIED SCHOOL DISTRICT.

On August 11, 2014, Student filed a Request for Due Process Hearing (complaint)

with the Office of Administrative Hearings, against Fortuna Union High School District, Kelseyville Unified School District and Konocti Unified School District. On August 20, 2014, Student filed a motion to bifurcate the issue of Student’s residency during the period at issue to determine the responsible school district from whether any of the school districts denied him a free appropriate public education. On August 21, 2014, all three school district filed a response to join Student’s motion to bifurcate the issue of Student’s residency from whether he was denied a FAPE. The parties also request that OAH set a trial conference to set a timeline for the parties to brief the issue of residency if the bifurcation request is granted.

APPLICABLE LAW

Although there is no special education law or regulation that addresses bifurcation of issues, OAH generally looks to civil cases and the California Administrative Procedure Act for guidance. Government Code section 11507.3 of the APA of states, in part:

(b) The administrative law judge on the judge's own motion or on motion of a party, in furtherance of convenience or to avoid prejudice or when separate hearings will be conducive to expedition and economy, may order a separate hearing of any issue, including an issue raised in the notice of defense, or of any number of issues.

Code of Civil Procedure section 598 contains a similar provision for civil trials:

The court may, when the convenience of witnesses, the ends of justice, or the economy and efficiency of handling the litigation would be promoted thereby, on motion of a party, after notice and hearing, make an order, no later than the close of pretrial conference in cases in which such pretrial conference is to be held, or, in other cases, no later than 30 days before the trial date, that the trial of any issue or any part thereof shall precede the trial of any other issue….

OAH also has the obligation to move cases to hearing expeditiously. A due process hearing must be conducted and a decision rendered within 45 days of receipt of the due process notice unless there is a 30-day statutory resolution period or an extension is granted.

(34 C.F.R. § 300.515(a); Ed. Code, §§ 56502, subd. (f), 56505, subd. (f).) Speedy resolution of the due process hearing is mandated by law and continuance of the hearing may be granted only upon a showing of good cause. (Ed. Code, § 56505, subd. (f).)

DISCUSSION

While the parties raise several compelling arguments why OAH should grant the bifurcation motion, the request is premature. The appropriate time to raise the request is at the September 29, 2014 prehearing conference. At that time, the assigned ALJ can consider the request and if the request to bifurcate is granted, discuss with the parties any scheduling issues. Accordingly, the parties’ bifurcation request is denied without prejudice to permit the parties to discuss the bifurcation request with the ALJ assigned to hear this matter at the

PHC.

ORDER

The motion to bifurcate is denied without prejudice.

DATE: August 25, 2014

/S/

PETER PAUL CASTILLO

Administrative Law Judge Office of Administrative Hearings