California OAH special education order · May 3, 2017
Order Granting Motion to Consolidate and Denying Motion to Continue
OAH Case No. 2017041307, 2017040657 · ALJ Tara Doss
OAH consolidated District's and Student's cases over District's objection because both involve the same parties and the appropriateness of District's December 2015 social-emotional assessment, and denied Student's continuance as moot.
Summary
District filed a due process case in April 2017, and Student filed his own case about two weeks later. Student then asked OAH to consolidate the two cases and to continue the hearing dates in District's case. District opposed both requests, arguing that consolidation would unreasonably delay its case. OAH granted consolidation because the cases share the same parties, overlapping witnesses, and common questions about District's December 2015 social-emotional assessment. It made Student's case the primary case, vacated District's dates, based the 45-day timeline on Student's filing, and denied the continuance as moot.
Why it matters
When a district files first to defend its assessment, a parent can file a related complaint and ask for consolidation. That can move the whole hearing onto the parent's later timeline, even if the district objects that it causes delay.
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)
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. 2017041307 v.
LOS ANGELES UNIFIED SCHOOL
DISTRICT,
LOS ANGELES UNIFIED SCHOOL OAH Case No. 2017040657
DISTRICT,
v.
ORDER GRANTING MOTION TO
PARENT ON BEHALF OF STUDENT. CONSOLIDATE AND DENYING
MOTION TO CONTINUE
On April 12, 2017, District filed a Request for Due Process Hearing with OAH, naming Student, in OAH case number 2017040657 (District’s case). On April 28, 2017, Student filed a Request for Due Process Hearing with OAH, naming District, in OAH Case No. 2017041307 (Student’s case).
On April 28, 2017, Student filed a Motion to Continue the due process hearing dates in District’s case and a Motion to Consolidate District’s case with Student’s case. On May 1, 2017, District filed an Opposition to Student’s Motion to Continue.
On May 1, 2017, OAH held a prehearing conference in District’s case. At the PHC, District opposed Student’s Motion to Consolidate on the grounds that granting the motion would unreasonably delay District’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].)
District’s case and Student’s case involve the same parties, overlapping witnesses, and common questions of law and fact with respect to whether District’s December 2015 Social-Emotional assessment was appropriate. It will further the interests of judicial economy to hear evidence on all issues at a single, consolidated hearing. Accordingly, Student’s Motion to Consolidate District’s case with Student’s case is granted. Student’s case, OAH case number 2017041307 is designated as the primary case in the consolidated matters. The dates for the consolidated matters shall be as set forth in Student’s case, OAH case number 2017041307. All dates previously set in District’s case, OAH case number 2017040657 are vacated.
Continuance 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).)
In light of Student’s Motion to Consolidate being granted, and the additional rulings made herein concerning the vacation of the dates previously set in District’s case, Student’s Motion to Continue is denied due to mootness.
ORDER
1. Student’s Motion to Consolidate is granted.
2. All dates previously set in District’s case, OAH case number 2017040657 are
vacated.
3. The dates for the consolidated matters shall be as set forth in the Scheduling
Order issued in Student’s case, OAH case number 2017041307.
4. Student’s case, OAH case number 2017041307 is designated as the primary
case in the consolidated matters. All future pleadings and other documents in the consolidated matters are to be filed and maintained in Student’s case file.
5. The 45-day timeline for issuance of the decision in the consolidated cases shall
be based on the date of the filing of the Request for Due Process Hearing in Student’s case, OAH case number 2017041307.
DATE: May 3, 2017
TARA DOSS
Administrative Law Judge Office of Administrative Hearings