California OAH special education order · July 10, 2017
Order Following Prehearing Conference Consolidating Cases
OAH Case No. 2017051280, 2017031438, 2017060886 · ALJ Penelope S. Pahl
OAH consolidated Templeton's newest due process case with two already-consolidated cases after Student joined the District's motion, keeping Student's case as primary and the September 19, 2017 hearing date.
This case went to decision
Student v. Templeton Unified School District: Templeton Unified must pay for an independent functional behavior assessment after withdrawing its case; its own assessment was found inappropriate. (2017)
Summary
At a July 7, 2017 telephonic prehearing conference, Templeton Unified School District moved to consolidate its newly filed case with two previously consolidated cases: one filed by Student and one filed by the District. Student joined the motion. The ALJ granted consolidation, kept Student's case No. 2017051280 as the primary case, and vacated all dates in the new case. The consolidated hearing stays set for September 19, 2017 at the District, with a continued prehearing conference on September 11, 2017.
Why it matters
When a district files more cases against a family that already has a pending case, the cases can be combined into one hearing. If the parent's case is designated primary, its schedule controls the combined hearing.
People named in the order
- Penelope S. Pahl, Administrative Law Judge
- Diane Willis, Attorney for District
- David Grey, Attorney for Student
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
PARENT ON BEHALF OF STUDENT, OAH CASE NO. 2017051280
Petitioner, ORDER FOLLOWING
PREHEARING CONFERENCE
v. CONSOLIDATING CASES
TEMPLETON UNIFIED SCHOOL DISTRICT,
Respondent
TEMPLETON UNIFIED SCHOOL DISTRICT OAH CASE NO. 2017031438
Petitioner, v.
PARENT ON BEHALF OF STUDENT,
Respondent.
TEMPLETON UNIFIED SCHOOL DISTRICT OAH CASE NO. 2017060886
Petitioner, v.
PARENT ON BEHALF OF STUDENT,
Respondent.
On July 7, 2017, a telephonic prehearing conference was held before Administrative Law Judge Penelope Pahl, Office of Administrative Hearings. Diane Willis, Attorney at Law, appeared on behalf of Templeton Unified School District. David Grey, Attorney at Law, appeared on behalf of Student. The PHC was recorded.
Based upon discussion with the parties, the ALJ issues the following order:
1. Consolidation: District moved to consolidate this matter with two previously
filed and consolidated cases: OAH No. 2017051280, a Student-filed case, which has been designated the primary case in this matter, and OAH case No 2017031438 which was the case originally filed by Templeton in this matter. Student joins in District’s motion to consolidate the three matters. The motion was heard and considered, and the request to consolidate Case No 2017060886 is GRANTED. Student’s case No. 2017051280 will remain the primary case number. All dates in matter No. 2017060886 are vacated. This case shall proceed on dates scheduled in No. 2017051280 as detailed below. All other prehearing conference issues will be addressed at the continued prehearing conference scheduled below.
2. Hearing Dates, Times, and Location. As ordered in the prior scheduling
order, in No. 2017051280, the consolidated hearing shall take place beginning September 19, 2017 at 9:30 a,m., and continuing day to day thereafter, Monday through Thursday, at the discretion of the ALJ. A prehearing conference is scheduled for September 11, 2017 at 1:00 p.m. The hearing is currently scheduled to be held at Templeton Unified School District, 964 Old Country Road Templeton, CA 93465.
3. Settlement. The parties are encouraged to continue working together
to reach an agreement before the due process hearing. The parties shall inform OAH in writing immediately should they reach a settlement or otherwise resolve the dispute before the scheduled hearing. In addition, if a settlement is reached within five days of the scheduled start of the due process hearing, the parties shall also inform OAH of the settlement by telephone at (916) 263-0880.
IF A FULL AND FINAL WRITTEN SETTLEMENT AGREEMENT IS REACHED
AFTER 5:00 P.M. THE DAY PRIOR TO HEARING, THE PARTIES SHALL LEAVE A
VOICEMAIL MESSAGE REGARDING THE SETTLEMENT AT (916) 274-6035. THE
PARTIES SHOULD ALSO LEAVE CONTACT INFORMATION SUCH AS CELLULAR
PHONE NUMBERS OF EACH PARTY OR COUNSEL FOR EACH PARTY. THE
PARTIES SHOULD SIMULTANEOUSLY FAX THE SIGNATURE PAGE OF THE
SIGNED AGREEMENT OR A LETTER WITHDRAWING THE CASE TO THE OAH AT
THE FAXINATION LINE at 916-376-6319.
Dates for hearing will not be cancelled until the letter of withdrawal or signature page of the signed agreement has been received by OAH. If an agreement in principle is reached, the parties should plan to attend the scheduled hearing unless different arrangements have been agreed upon by the assigned ALJ. The assigned ALJ will check for messages the evening prior to the hearing or the morning of the hearing.
4. Failure to comply with this order may result in the exclusion of evidence or
other sanctions.
IT IS SO ORDERED. DATE: July 10, 2017
PENELOPE S. PAHL
Administrative Law Judge Office of Administrative Hearings