California OAH special education order · March 15, 2017
Order Denying Motion to Consolidate
OAH Case No. 2017030402 · ALJ Tara Doss
OAH denied Student's motion to consolidate two due process cases because they cover different school years and different parties, and the earlier case had already been continued twice.
This case went to decision
Student v. Capistrano Unified School District et al.: Capistrano Unified must reimburse $704.06 and train staff over a delayed assessment and missing prior written notice; other claims denied. (2017)
Summary
Student's second due process complaint asked OAH to combine it with Student's earlier case against Capistrano Unified School District and Community Roots Academy, but only if all parties agreed and the earlier case's April 18, 2017 hearing dates were kept. District agreed to consolidation but asked that the combined case use the later case's dates, and Student opposed that request. OAH denied consolidation. The first complaint covers the 2014-2015 and 2015-2016 school years, the second covers 2016-2017, and Community Roots Academy is not named in the second case. OAH also noted that the first case had already been continued twice and Student opposed any further delay, so both cases will proceed separately on their existing schedules.
Why it matters
Filing a new complaint about a later school year does not automatically mean it will be joined with a pending case, especially when the parties differ and joining would delay a hearing date. Parents who want to keep an upcoming hearing date may need to litigate the later claims separately.
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 Matter of:
PARENT ON BEHALF OF STUDENT, OAH Case No. 2017030402 v. ORDER DENYING MOTION TO
CONSOLIDATE
CAPISTRANO UNIFIED SCHOOL
DISTRICT.
On October 4, 2016, Student filed a Request for Due Process Hearing (first complaint) with the Office of Administrative Hearings in OAH case number 2016100466, naming Capistrano Unified School District and Community Roots Academy. OAH granted two continuances in the case and the due process hearing is scheduled to begin on April 18,
2017. Student filed a second Request for Due Process Hearing on March 6, 2017 (second
complaint) in OAH case number 2017030402, naming only Capistrano Unified School District. Included in Student’s second complaint, was a request to consolidate OAH case numbers 2016100466 and 2017030402 (motion), if all parties agree and the consolidated matter maintains the dates set in OAH case number 2016100466.
District filed a response to the motion, agreeing to the consolidation but requesting that the consolidated matter be set for the dates in OAH case number 2017030402. Student filed an opposition to District’s response.
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].)
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).)
DISCUSSION
Student’s first complaint alleges issues involving the 2014-2015 and 2015-2016 school years. Student’s second complaint alleges issues involving the 2016-2017 school year.
Thus, while there may be some overlap, the cases will involve different questions of fact.
Moreover, the cases involve different parties, as Community Roots Academy is not named in the second complaint.
OAH has already continued case number 2016100466 two times and Student is opposed to further continuance of that matter. For these reasons, Student’s Motion to Consolidate is denied.
ORDER
1. Student’s Motion to Consolidate is denied. OAH case number 2016100466 and
OAH case number 2017030402 shall proceed as separate cases.
2. All dates previously set in this matter and OAH case number 2016100466 shall
remain as scheduled.
DATE: March 15, 2017
TARA DOSS
Administrative Law Judge Office of Administrative Hearings