California OAH special education order · April 27, 2017
Order Granting Motion to Consolidate
OAH Case No. 2017041163, 2017010382 · ALJ Kara Hatfield
OAH consolidated Student's and District's due process cases because both ask whether the April 11 and May 17, 2016 IEPs offered Student a FAPE, and District did not oppose.
This case went to decision
Student v. San Dieguito Union High School District (consolidated): San Dieguito Union High School District's May 2016 transition IEP offered FAPE; district may implement it without parents' consent. (2017)
Summary
District filed a due process case in January 2017. Student filed a separate case in April 2017 and moved to consolidate the two and continue the hearing dates in District's case, and District filed a statement of non-opposition. OAH granted consolidation because both cases turn on whether the April 11 and May 17, 2016 IEPs offered Student a free appropriate public education. OAH vacated all dates in District's case and made Student's case the primary case, so the 45-day decision timeline runs from Student's filing date.
Why it matters
When a district has already filed to defend an IEP, a parent can file their own case and ask to consolidate. The parent's case may then become the primary case, which sets the hearing timeline.
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:
PARENTS ON BEHALF OF STUDENT, OAH Case No. 2017041163 v.
SAN DIEGUITO UNION HIGH SCHOOL
DISTRICT,
SAN DIEGUITO UNION HIGH SCHOOL OAH Case No. 2017010382
DISTRICT,
ORDER GRANTING MOTION TO
v. CONSOLIDATE
PARENTS ON BEHALF OF STUDENT.
On January 13, 2017, San Dieguito Union High School District filed with the Office of Administrative Hearings a Request for Due Process Hearing in OAH case number 2017010382 (District’s Case), naming Student. On January 25, 2017, OAH granted the parties’ joint request for continuance.
On April 26, 2017, Student filed a Request for Due Process Hearing in OAH case number 2017041163 (Student’s Case), naming District.
On April 26, 2017, Student filed a Motion to Consolidate Student’s Case with District’s Case and to continue the due process hearing date set in Case Number 2017010382 (District’s Case).
On April 27, 2017, District filed a statement of non-opposition to consolidation and the continuance of the due process hearing dates in District’s Case to the dates set in Student’s Case.
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, they both concern whether the individualized education programs of April 11 and May 17, 2016, offered Student a free appropriate public education. Accordingly, consolidation is granted.
ORDER
1. Student’s Motion to Consolidate is granted.
2. All dates previously set in OAH Case Number 2017010382 [District’s Case] are
vacated.
3. OAH Case Number 2017041163 [Student’s Case] shall be designated the primary
case and 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 2017041163 [Student’s Case].
DATE: April 27, 2017
KARA HATFIELD
Administrative Law Judge Office of Administrative Hearings