California OAH special education order · January 8, 2016

Order Following Prehearing Conference and Granting Motion to Consolidate

OAH Case No. 2015120807 · ALJ Laurie Gorsline

OAH granted a joint motion to consolidate District's and Student's cases because both raise whether the November 2015 IEP offered a FAPE and whether Student is entitled to an independent educational evaluation.

Granted Consolidation

This case went to decision

Student v. River Springs Charter School (consolidated): River Springs Charter School must fund The Prentice School tuition, a fall 2016 semester there, and a $5,250 IEE. (2016)

Summary

District and Student filed a joint stipulation to consolidate District's due process case with Student's amended complaint, and OAH treated it as a joint motion. ALJ Laurie Gorsline granted it because the cases share common questions: whether the November 2015 IEP offered Student a free appropriate public education and whether Student is entitled to an independent educational evaluation. Student's case was made the primary case, the dates in District's case were vacated, and the decision timeline runs from the filing of Student's amended complaint. Student's request to set seven specific hearing dates was denied without prejudice, and the parties may raise hearing dates at the February 12, 2016 prehearing conference.

Why it matters

When a parent's and a district's complaints concern the same IEP or IEE dispute, OAH will usually combine them. The parent's case can become the primary case and control the hearing schedule and decision deadline.

Key authority cited

  • Gov. Code, § 11507.3, subd. (a)
  • Code Civ. Proc., § 1048, subd. (a)

Topics

consolidation joint motion independent educational evaluation fape charter school hearing dates

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:

RIVER SPRINGS CHARTER SCHOOL v. OAH Case No. 2015120807

PARENT ON BEHALF OF STUDENT. ORDER FOLLOWING PREHEARING

CONFERENCE AND GRANTING

MOTION TO CONSOLIDATE

On January 8, 2016, a telephonic prehearing conference was held before Administrative Law Judge Laurie Gorsline, Office of Administrative Hearings. Deborah Cesario, Attorney at Law, appeared on behalf of River Springs Charter School (hereafter, District). Phillip VanAllsburg, Attorney at Law, appeared on behalf of Student. The PHC was recorded.

Based upon discussion with the parties, the ALJ issues the following order:

1. Joint Motion to Consolidate. On December 22, 2015, District filed a Request for

Due Process Hearing in OAH case number 2015120807 (District Case), naming Student.

On December 28, 2015, Student filed an Amended Due Process Complaint in OAH case number 2015110494 (Student’s Case), naming District. On January 7, 2015, the parties filed a Joint Stipulation to Consolidate District’s case with Student’s Case, which is construed as a Joint Motion to Consolidate.

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, Student’s Case and District’s Case involve common questions of law or fact, specifically, whether the November 2015 individualized education program offered Student a free appropriate public education and whether Student is entitled to an independent educational evaluation.

Accordingly, the Joint Motion to Consolidate is granted. Student’s case, OAH Case Number 2015110494, is designated as the primary case.

All dates previously set in District’s case, OAH Case Number 2015120807 are vacated.

The dates for mediation, the prehearing conference, and the due process hearing in the consolidated cases shall be those set forth in the Scheduling Order dated December 28, 2015 in Student’s case, OAH case number 2015110494. Student’s request to set this matter for seven specific hearing dates is denied without prejudice. The parties may address the issues pertaining to the hearing dates at the Prehearing Conference on February 12, 2016.

The timeline for issuance of the decision in the consolidated cases shall be based on the date of the filing of the amended complaint in Student’s case, OAH Case Number 2015110494.

2. Settlement. The parties are encouraged to continue working together

to reach an agreement before the due process hearing. The parties shall inform OAH in writing immediately should they reach a settlement or otherwise resolve the dispute before the scheduled hearing. In addition, if a settlement is reached within five days of the scheduled start of the due process hearing, the parties shall also inform OAH of the settlement by telephone at (916) 263-0880.

IF A FULL AND FINAL WRITTEN SETTLEMENT AGREEMENT IS REACHED

AFTER 5:00 P.M. THE DAY PRIOR TO HEARING, THE PARTIES SHALL LEAVE A

VOICEMAIL MESSAGE REGARDING THE SETTLEMENT AT (916) 274-6035. THE

PARTIES SHOULD ALSO LEAVE CONTACT INFORMATION SUCH AS CELLULAR

PHONE NUMBERS OF EACH PARTY OR COUNSEL FOR EACH PARTY. THE

PARTIES SHOULD SIMULTANEOUSLY FAX THE SIGNATURE PAGE OF THE

SIGNED AGREEMENT OR A LETTER WITHDRAWING THE CASE TO THE

OAH AT THE FAXINATION LINE at 916-376-6319.

Dates for hearing will not be cancelled until the letter of withdrawal or signature page of the signed agreement has been received by OAH. If an agreement in principle is reached, the parties should plan to attend the scheduled hearing unless different arrangements have been agreed upon by the assigned ALJ. The assigned ALJ will check for messages the evening prior to the hearing or the morning of the hearing.

ORDER

1. The Joint Motion to Consolidate is granted.

2. Student’s case, OAH Case Number 2015110494, is designated as the primary case.

3. All dates previously set in District’s case, OAH Case Number 2015120807 are vacated.

4. The timeline for issuance of the decision in the consolidated cases shall be based on the

date of the filing of the amended complaint in Student’s case, OAH Case Number 2015110494.

5. The dates for mediation, the prehearing conference, and the due process hearing in the

consolidated cases shall be those set forth in Student’s case, OAH case number

2015110494. Student’s request to set this matter for seven specific hearing dates is

denied without prejudice. The parties may address the issues pertaining to the hearing dates at the Prehearing Conference on the consolidated cases.

DATE: January 8, 2016

/ S/

LAURIE GORSLINE

Administrative Law Judge Office of Administrative Hearings