California OAH special education order · March 4, 2016
Order Granting Motion to Consolidate
OAH Case No. 2016010119, 2016020288 · ALJ Ted Mann
OAH granted the parties' joint motion to consolidate District's and Student's due process cases because both involve common questions about Student's assessment and District's FAPE offers, sharing witnesses and evidence.
This case went to decision
Student v. Capistrano Unified School District et al. (consolidated): Capistrano Unified and Community Roots Academy should have found student eligible as other health impaired; $4,500 and 30 hours ordered. (2016)
Summary
District and Student each filed due process complaints, and the parties jointly asked OAH to consolidate them and to continue the dates set in Student's case. OAH granted consolidation because both cases share the same parties and common questions of law and fact about Student's assessment and District's FAPE offers at several IEP meetings, and combining them saves time given the overlapping witnesses and evidence. OAH vacated the dates in Student's case and adopted the dates in District's case. The 45-day decision timeline runs from the filing of District's complaint.
Why it matters
When a parent files a complaint after the district has already filed one on related issues, consolidation usually puts the parent's case on the district's earlier schedule and decision timeline. Parents should plan for that faster schedule.
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:
CAPISTRANO UNIFIED SCHOOL OAH Case No. 2016010119
DISTRICT,
v.
PARENT ON BEHALF OF STUDENT,
PARENT ON BEHALF OF STUDENT, OAH Case No. 2016020288 v.
CAPISTRANO UNIFIED SCHOOL ORDER GRANTING MOTION TO
DISTRICT. CONSOLIDATE
On January 6, 2016, Capistrano Unified School District filed with the Office of Administrative Hearings a Request for Due Process Hearing in OAH case number 2016010119, naming Student.
On February 3, 2016, Student filed a Request for Due Process Hearing in OAH case number 2016020288, naming District.
On February 19, 2016, the parties filed a Joint Stipulation and Motion to Consolidate Student’s Case with District’s Case and to continue the mediation, prehearing conference, and due process hearing dates set in Case Number 2016020288.
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 two cases involve common questions of law or fact, arising from the assessment of Student and District’s offers of a free appropriate public education at several individualized education program meetings. Both parties join in requesting consolidation of the cases. In addition, consolidation furthers the interests of judicial economy because of the commonality of witnesses and evidence for hearing in each case. Accordingly, consolidation is granted.
ORDER
1. The parties’ joint Motion to Consolidate is granted.
2. All dates previously set in OAH Case Number 2016020288 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 2016010119.
4. All dates in OAH Case No. 2016010119 are adopted as the dates for the
mediation, prehearing conference, and due process hearing in the consolidated cases.
IT IS SO ORDERED.
DATE: March 04, 2016
TED MANN
Administrative Law Judge Office of Administrative Hearings