California OAH special education order · August 9, 2016
Order Granting Motion to Consolidate and Resetting Hearing Dates
OAH Case No. 2016060145, 2016080019 · ALJ Paul H. Kamoroff
OAH consolidated District's case with Student's earlier case because both challenge District's 2015-2016 placement and services offer and share witnesses and evidence; hearing follows Student's continued schedule.
This case went to decision
Student v. Bassett Unified School District (consolidated): Bassett Unified defeats Student's predetermination and placement claims, but its April 2016 IEP offer is found to deny FAPE on procedural grounds and cannot be implemented without parental consent. (2016)
Summary
District filed its own due process complaint and asked OAH to consolidate it with Student's earlier-filed case and to use the hearing dates already set in Student's case. Student did not oppose. OAH granted the motion because both cases involve the appropriateness of District's offer of placement and services for the 2015-2016 school year and would use similar witnesses and documents, so consolidation saves time. The hearing dates in District's case were vacated, its mediation will go forward, and the 45-day decision timeline runs from Student's complaint as continued.
Why it matters
When a district files its own complaint on the same school year a parent is already challenging, OAH will usually combine the cases and keep the parent's earlier timeline. Families do not have to defend two separate hearings.
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:
PARENT ON BEHALF OF STUDENT, OAH Case No. 2016060145 v.
BASSETT UNIFIED SCHOOL DISTRICT,
BASSETT UNIFIED SCHOOL DISTRICT, OAH Case No. 2016080019 v.
PARENT ON BEHALF OF STUDENT. ORDER GRANTING MOTION TO
CONSOLIDATE AND RESETTING
HEARING DATES
On May 31, 2016, Parent on behalf of Student filed with the Office of Administrative Hearings a Request for Due Process Hearing in OAH Case Number 2016060145, naming Bassett Unified School District (Student’s Case).
On July 28, 2016, District filed a Request for Due Process Hearing in OAH Case Number 2016080019, naming Student (District’s Case).
Also on July 28, 2016, District filed a Motion to Consolidate District’s Case with Student’s Case, and to schedule the hearing dates for the consolidated cases to coincide with hearing dates set for Student’s Case. Student did not submit an opposition.
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, District’s Case and Student’s Case involve a common question of law or fact.
Specifically, both cases raise issues involving the appropriateness of District’s offer of placement and services during the 2015-2016 school year. Consolidation furthers the interests of judicial economy because each case involves similar witnesses and documentary evidence. Accordingly, consolidation is granted.
Hearing Dates 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).)
On June 28, 2016, OAH granted the parties’ joint request to continue Student’s case.
District requests that the prehearing conference and the due process hearing dates in the consolidated cases be reset to the dates scheduled in Student’s case. The request is granted.
The consolidated cases shall be set for hearing in accordance with OAH’s Order Granting Parties’ Joint request for Continuance, dated June 28, 2016, issued in Student’s case.
ORDER
1. District’s Motion to Consolidate and reset hearing dates is granted.
2. The hearing dates previously set in OAH Case Number 2016080019 (District’s
Case) are vacated. The mediation set for District’s case shall proceed as scheduled, unless otherwise ordered.
3. The prehearing conference and due process hearing shall take place in the
consolidated matters in accordance with the Order Granting Parties’ Joint Request for Continuance, dated June 28, 2016, issued in Case Number 2016060145 (Student’s Case).
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 Case Number 2016060145 (Student’s Case), as continued in the Order Granting Parties’ Joint Request for Continuance, dated June 28, 2016 .
DATE: August 9, 2016
PAUL H. KAMOROFF
Administrative Law Judge Office of Administrative Hearings