California OAH special education order · September 25, 2015
Order Granting Motion to Consolidate
OAH Case No. 2015060556, 2015090977 · ALJ Robert Helfand
OAH granted District's opposed motion to consolidate its later-filed case with Student's case. Both cases involve Student's special education services since 2013-2014 and overlapping witnesses, so judicial economy favored one hearing.
Summary
District asked OAH to combine Student's May 2015 due process case with District's September 2015 case and to proceed on the Second Case's schedule. Student opposed, arguing District should have filed its complaint sooner. OAH granted the motion because both cases share common questions about the appropriateness of Student's services since the 2013-2014 school year and would require many of the same witnesses. Student's October 6 hearing dates were vacated, and the 45-day decision timeline now runs from District's later filing date.
Why it matters
A district can file its own later complaint and, through consolidation, push back a parent's earlier hearing date and restart the decision timeline. Objecting that the district filed late was not enough to stop consolidation where the issues overlap.
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:
PARENTS ON BEHALF OF STUDENT, OAH Case No. 2015060556 v.
SAN DIEGUITO UNION HIGH SCHOOL
DISTRICT,
SAN DIEGUITO UNION HIGH SCHOOL OAH Case No. 2015090977
DISTRICT
v.
ORDER GRANTING MOTION TO
PARENTS ON BEHALF OF STUDENT. CONSOLIDATE
On May 26, 2015, Parents on behalf of Student filed with the Office of Administrative Hearings a Request for Due Process naming San Dieguito Union High School District (First Case) which was designated OAH Case number 2015060556.
On September 21, 2015, District filed with OAH a Request for Due Process Hearing naming Student (Second Case) which was designated OAH Case number 2015090977. On September 18, 2015, District filed a motion to consolidate the two cases. District requests that the two cases proceed as scheduled in the Second Case. Student filed an opposition to the motion on September 22, 2015.
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, the appropriateness of the special education services provided Student since the 2013-2014 school year. Student opposes the motion on grounds that District should have filed its complaint in a timelier manner. The scheduled due process hearing in the First Case is scheduled to commence on October 6, 2015; while the due process hearing is scheduled to commence on October 20, 2015 in the District filed Second Case. Since both cases will require testimony from many of the same witnesses and involve the same and/or overlapping issues, judicial economy calls for consolidation. Thus, District has demonstrated good cause for the consolidation of the cases.
ORDER
1. District’s Motion to Consolidate is granted.
2. All dates previously set in OAH Case Number 2015060556 (First Case) are
vacated.
3. The consolidated cases shall proceed pursuant to the Scheduling Order dated
September 25, 2015, in the Second case.
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 2015090977 (Second Case).
DATE: September 25, 2015
/S/
ROBERT HELFAND
Administrative Law Judge Office of Administrative Hearings