California OAH special education order · October 15, 2015
Order Granting Motion to Consolidate and Granting Motion to Continue
OAH Case No. 2015100100, 2015100387 · ALJ Chris Butchko
OAH consolidated District's case defending its auditory processing assessment with Student's case alleging a failure to assess for central auditory processing disorder, and continued the hearing, finding common facts and no District objection.
This case went to decision
Student v. Lowell Joint School District (consolidated): Lowell Joint School District must fund an independent auditory processing evaluation; three 2015 IEPs denied the student a FAPE. (2016)
Summary
District filed a due process case seeking a ruling that its spring 2015 assessments properly evaluated Student's auditory processing, so no independent educational evaluation was owed. Student then filed a case claiming the District's failure to assess for central auditory processing disorder denied a free appropriate public education. Student moved to consolidate the two cases and continue the hearing dates, and District did not object. OAH granted both requests. It found the cases share closely related questions about the same assessments, and a joint hearing saves time for witnesses and OAH. It also found good cause to reset mediation, the prehearing conference, and the hearing.
Why it matters
When a district files to defend its assessment against a parent's IEE request, a parent can file a cross-complaint on related claims and ask to consolidate. That way both disputes are heard together, often on a later schedule that gives the family more time to prepare.
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)(1)(C)(3)
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:
LOWELL JOINT SCHOOL DISTRICT, OAH Case No. 2015100100 v.
PARENTS ON BEHALF OF STUDENT,
OAH Case No. 2015100387
PARENTS ON BEHALF OF STUDENT,
ORDER GRANTING MOTION TO
v. CONSOLIDATE AND GRANTING
MOTION TO CONTINUE
LOWELL JOINT SCHOOL DISTRICT.
On October 2, 2015, Lowell Joint School District filed a Request for Due Process Hearing in OAH case number 2015100100 (District’s Case), naming Student.
On October 9, 2015, Student filed a Request for Due Process Hearing in OAH case number 2015100387 (Student’s Case), naming District.
On October 9, 2015, Student filed a Motion to Consolidate District’s Case with Student’s Case and to continue the due process hearing date set in District’s Case. Per a responsive filing on October 14, 2015, District does not object to the motion.
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, the First Case and Second Case involve a common question of law or fact, specifically assessments of Student conducted as part of a comprehensive evaluation of Student in April and May of 2015. In its case, District seeks a ruling that its assessments appropriately assessed Student for deficits in auditory processing and therefore Student is not entitled to an independent educational evaluation for central auditory processing disorders.
Student’s Case concerns Student’s assertion that District’s failure to assess Student for a central auditory processing disorder deprived him of a free and appropriate public education.
Consolidation will further the interest of judicial economy by enabling both tightly interrelated questions to be resolved in one action. The burden upon both the witnesses and OAH’s resources will be reduced if these matters are heard together. Further, District does not oppose the motion. Accordingly, consolidation is granted.
Continuance 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).)
Student’s motion to continue the hearing demonstrates good cause for a continuance.
Student asks only that the prehearing conference, mediation, and hearing in the consolidated case be continued to accommodate the statutory timelines for a student-filed due process action. The request for continuance is granted.
ORDER
1. Student’s Motion to Consolidate is granted.
2. All dates previously set in OAH Case Number 2015100100, District’s Case, are
vacated.
3. Student’s Motion to Continue is granted. Mediation will be held on
November 12, 2015, at the District office at 11019 Valley Home Avenue, Whittier, CA 90603. The prehearing conference will be held on November 23, 2015, at 1:00 p.m. The due process hearing shall begin at 9:30 a.m. on December 3, 2015, and continue day to day, Monday through Thursday, as needed at the discretion of the ALJ.
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 2015100100, District’ Case.
DATE: October 15, 2015
/S/
CHRIS BUTCHKO
Administrative Law Judge Office of Administrative Hearings