California OAH special education order · December 3, 2015
Order Granting Motion to Consolidate
OAH Case No. 2015110775, 2015110983 · ALJ Rebecca Freie
OAH consolidated Student's case with San Francisco's assessment case over Student's objection, because both involve San Francisco's assessment of Student and share witnesses and evidence.
Summary
San Francisco asked OAH to consolidate its due process case, which alleged that Parent refused to consent to an assessment, with Student's earlier-filed case. Student objected that the District's claim was moot because Parents would consent if the assessment plan specified autism. OAH granted consolidation. It found that both cases share a common question about San Francisco's assessment of Student, that Student's mootness argument raised a factual issue for the hearing, and that the cases would likely involve many of the same witnesses and documents. The decision timeline will run from Student's filing date, and Student's existing mediation, prehearing conference, and hearing dates were confirmed.
Why it matters
A claim that the district's case is moot usually will not block consolidation, because OAH treats mootness as a factual question to decide at hearing. When cases are consolidated, the earlier-filed case's dates and 45-day timeline generally control.
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. 2015110775 v.
SAN FRANCISCO UNIFIED SCHOOL
DISTRICT,
SAN FRANCISCO UNIFIED SCHOOL OAH Case No. 2015110983
DISTRICT,
v.
ORDER GRANTING MOTION TO
PARENT ON BEHALF OF STUDENT. CONSOLIDATE
On November 12, 2015, Student filed with the Office of Administrative Hearings a request for due process hearing in OAH case number 2015110775 (Student’s Case), naming San Francisco Unified School District.
On November 23, 2015, San Francisco filed its own request for due process hearing in OAH case number 2015110983 (District’s Case), naming Student.
On November 24, 2015, San Francisco filed a Motion to Consolidate Student’s case with District’s case.
On December 1, 2015, Student filed an objection to consolidation on the ground that claim alleged in San Francisco’s complaint, Parent’s refusal to consent to assessment, was moot. Student claimed that Parents would consent to a San Francisco assessment of Student if the assessment plan specified that the assessment was for autism. Student also filed a motion to continue on the same date which will be addressed in a separate order.
APPLICABLE LAW
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].)
DISCUSSION
Here, Student’s Case and District’s Case involve a common question of law or fact, specifically, assessment of student by San Francisco pursuant to the Individuals with Disabilities Education Act. Student’s argument in his opposition raises a factual issue that would be addressed at the due process hearing. Consolidation furthers the interests of judicial economy because many of the witnesses and much of the documentary evidence introduced may be the same for both cases. Accordingly, consolidation is granted.
ORDER
1. San Francisco’s Motion to Consolidate is granted.
2. All dates previously set in OAH Case Number 2015110983, District’s Case,
are vacated.
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 2015110775, Student’s Case.
4. The dates currently scheduled in Student’s case, Mediation at 9:30 a.m. on
December 17, 2015; Prehearing Conference on December 28, 2015 at 3:00 p.m.; and Due Process Hearing beginning on January 6, 2016 at 9:30 a.m. are confirmed.
DATE: December 3, 2015
/S/
REBECCA FREIE
Administrative Law Judge Office of Administrative Hearings