California OAH special education order · September 15, 2015
Order Granting Motion to Consolidate
OAH Case No. 2015050922, 2015090531 · ALJ Kara Hatfield
OAH consolidated Student's and Torrance Unified's cases because both turn on whether Student belongs on a comprehensive public campus or in a non-public school, and kept the hearing dates from Student's earlier case.
Summary
Torrance Unified School District filed its own due process complaint and asked OAH to combine it with Student's earlier case. Student objected only to the extent that combining the cases would delay the hearing. OAH granted consolidation because both cases share a common question: whether Student's proper placement is a comprehensive public school campus or a non-public school. OAH vacated the dates in the District's case, confirmed the dates already set in Student's case, and based the 45-day decision timeline on the filing date of Student's complaint.
Why it matters
When a district files a later case and asks to consolidate, a parent can object to any resulting delay. Here OAH kept the parent's original hearing dates and decision timeline, so consolidation did not push back the hearing.
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. 2015050922 v.
TORRANCE UNIFIED SCHOOL
DISTRICT,
TORRANCE UNIFIED SCHOOL OAH Case No. 2015090531
DISTRICT,
ORDER GRANTING MOTION TO
v. CONSOLIDATE
PARENT ON BEHALF OF STUDENT.
On May 6, 2015, Student filed a Request for Due Process Hearing in OAH case number 2015050922 (Student’s Case), naming Torrance Unified School District.
On September 15, 2015, District filed a Request for Due Process Hearing in OAH case number 2015090531 (District’s Case), naming Student.
On September 15, 2015, District filed a Motion to Consolidate the Student’s Case with the District’s Case.
On September 16, 2015, Student filed an objection to consolidation “to the extent that consolidation will result in continuing the due process hearing.”
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’s Case and the District’s Case involve a common question of law or fact, specifically, whether the appropriate placement for Student has been or is a comprehensive public school campus or a non-public school. Student’s opposition does not argue that the two cases do not involve a common question of law or fact, but only addresses the issue of the date the due process hearing would begin, which is addressed in this order.
Accordingly, consolidation is granted.
ORDER
1. District’s Motion to Consolidate is granted.
2. All dates previously set in OAH Case Number 2015090531 (District’s Case) are
vacated. All dates previously set in OAH Case Number 2015050922 (Student’s Case) are confirmed.
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 OAH Case Number 2015050922 (Student’s Case).
DATE: September 15, 2015
/ S/
KARA HATFIELD
Administrative Law Judge Office of Administrative Hearings