California OAH special education order · February 9, 2016
Order Granting Motion to Consolidate and Continuing Mediation
OAH Case No. 2016010404, 2016020351 · ALJ Alexa J. Hohensee
OAH consolidated Student's and District's cases because both turn on whether the November 12, 2015 IEP offered a FAPE in the least restrictive environment. OAH also granted the parties' joint request to continue mediation.
This case went to decision
Student v. San Diego Unified School District (consolidated): San Diego Unified may place an eight-year-old with autism in a moderate/severe special day class over parental objection. (2016)
Summary
District filed its own due process case asking OAH to find that its November 12, 2015 IEP offered Student a FAPE, and moved to consolidate it with Student's earlier case. Student did not oppose. OAH granted consolidation because the cases share common questions and the same witnesses and evidence, which saves time and resources. OAH reset District's dates to Student's schedule, granted the joint request to continue mediation to February 23, 2016, and based the 45-day decision timeline on the filing date of Student's case.
Why it matters
When a district files its own case to defend an IEP that a parent is already challenging, OAH will usually combine the two cases. The parent's earlier filing then sets the hearing dates and the decision deadline.
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. 2016010404 (Primary)
v.
SAN DIEGO UNIFIED SCHOOL DISTRICT,
SAN DIEGO UNIFIED SCHOOL DISTRICT, OAH Case No. 2016020351 v.
PARENT ON BEHALF OF STUDENT. ORDER GRANTING MOTION TO
CONSOLIDATE AND CONTINUING
MEDIATION
On January 14, 2014, Student filed with the Office of Administrative Hearings a request for due process hearing in OAH case number 2016010404 naming San Diego Unified School District (Student’s Case).
On February 4, 2016, District filed a request for due process hearing in OAH case number 2016020351 naming Student (District’s Case). On February 4, 2016, District also filed a motion to consolidate Student’s Case and District’s Case.
On February 4, 2016, the parties filed a joint request to continue the mediation date in Student’s case. On February 8, 2016, Student filed a non-opposition to District’s consolidation motion.
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
Student’s Case alleges that District denied Student a free appropriate public education when it (1) failed to offer appropriate services and placement in the individualized education program of November 3, 2015, (2) failed to offer Student the least restrictive environment in the IEP of November 12, 2015, and (3) failed to implement a September 3, 2015 settlement agreement. District’s Case seeks a decision that District’s November 12, 2015 IEP offered Student a FAPE.
Here, the Student’s Case and the District’s Case involve common questions of law or fact, specifically, whether the IEP of November 12, 2015 offered Student appropriate special education and related services in the least restrictive environment. Consolidation furthers the interest of judicial economy because the same witnesses and evidence will be presented in both cases. Consolidation will avoid the duplication of time, expense and resources involved in having these matters proceed to hearing separately.
The dates in District’s Case are scheduled to occur before the dates scheduled in Student’s Case. Accordingly, the dates in District’s Case are continued to the dates currently scheduled for Student’s Case, and the mediation of the consolidated cases is reset to the mutually agreed date requested. In accordance with OAH scheduling guidelines, multiple days will be reserved for the due process hearing.
ORDER
1. District’ motion to consolidate Student’s Case (OAH case number 2016010404)
and District’s Case (OAH case number 2016020351) is granted.
2. All currently scheduled dates in District’s case are vacated and shall be reset to the
dates scheduled in Student’s Case.
3. The parties’ joint request to continue mediation in Student’s Case is granted.
4. Mediation in the consolidated matters shall take place on 9:30 a.m. on February
23, 2016. The prehearing conference shall take place at 3:00 p.m. on February 29,
2016. OAH will initiate the call. The due process hearing shall be held on March
9, 10 and 14, 2016, at 9:30 a.m. on the first day, at 1:30 p.m. on March 14, 2016, and at 9:00 a.m. on all other days, and continuing day to day, Monday through Thursday, as needed at the discretion of the Administrative Law Judge.
5. The 45-day timeline for issuance of the decision in the consolidated cases shall be
based on the date of the filing of Student’s Case.
DATE: February 9, 2016
ALEXA J. HOHENSEE
Administrative Law Judge Office of Administrative Hearings