California OAH special education order · August 28, 2017
Order Granting Motion to Consolidate and Order Granting Motion to Continue Prehearing Conference
OAH Case No. 2017060750, 2017081086 · ALJ Clifford H. Woosley
OAH consolidated Student's and District's cases because both turn on whether the April 2017 IEP offered a FAPE, and continued the prehearing conference to October 2, 2017 by stipulation.
This case went to decision
Student v. Colton Joint Unified School District: Colton Joint Unified must provide a shadow aide, new IEEs, and staff training over bullying and delayed IEE review. (2017)
Summary
District filed its own due process case asking OAH to find that its April 17, 2017 IEP offered Student a FAPE. District then moved to consolidate that case with Student's earlier case and to continue the prehearing conference, and the parties stipulated to both requests. OAH granted consolidation because the cases share a common question about the April 2017 IEP and would rely on the same witnesses and assessments. OAH also found good cause to continue the prehearing conference because District's attorney was unavailable, and it kept Student's existing mediation and hearing dates.
Why it matters
When a district files its own case defending an IEP that a parent is already challenging, OAH will usually combine the two cases. Here Student's case stayed the lead case and kept its earlier filing date and hearing schedule, so the district's later filing did not delay the parent's hearing.
Key authority cited
- Gov. Code, § 11507.3, subd. (a)
- Code Civ. Proc., § 1048, subd. (a)
- 34 C.F.R. § 300.515(a) & (c)
- Ed. Code, § 56502, subd. (f)
- Ed. Code, § 56505, subd. (f)(3)
- Cal. Code Regs., tit. 1, § 1020
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. 2017060750 v.
COLTON JOINT UNIFIED SCHOOL
DISTRICT,
COLTON JOINT UNIFIED SCHOOL OAH Case No. 2017081086
DISTRICT,
v. ORDER GRANTING MOTION TO
CONSOLIDATE AND ORDER
PARENT ON BEHALF OF STUDENT. GRANTING MOTION TO CONTINUE
PREHEARING CONFERENCE
On July 18, 2017, Parent on behalf of Student filed with the Office of Administrative Hearings an Amended Request for Due Process Hearing in OAH case number 2017060750 (Student’s Case), naming Colton Joint Unified School District. Student’s Case is presently set for mediation on September 1, 2017, prehearing conference on September 29, 2017, and hearing on October 10, 11, and 12, 2017.
On August 24, 2017, District filed with OAH a Request for Due Process Hearing in OAH case number 2017081086 (District’s Case), naming Student. District also filed a Motion to Consolidate Student’s Case with District’s Case, supported by the declaration of District’s counsel. District requests that the mediation and hearing dates in Student’s Case be assigned to the consolidated matters. District further seeks a continuance of the prehearing conference from September 29, 2017 to October 2, 2017, for the consolidated matters. The parties have submitted a stipulation, agreeing to the requests made in District’s motion.
Consolidation and Continuance 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 conducted and a decision rendered within 45 days of receipt of the due process notice unless an extension is granted for good cause. (34 C.F.R.
§ 300.515(a) & (c) (2006); Ed. Code, §§ 56502, subd. (f), 56505, subd. (f)(3); Cal. Code Regs., tit. 1, § 1020.)
Discussion Here, Student’s Case and District’s Case involve a common question of law or fact.
District’s Case seeks a determination that District’s April 17, 2017 annual individualized education program offered Student a free appropriate public education whereas Student’s Case asserts, in addition to other issues, that District April 2017 IEP did not offer Student a FAPE. Also, consolidation furthers the interests of judicial economy because witnesses and documentary evidence would be addressing the same District assessments and IEP’s in both cases. Accordingly, consolidation is granted.
The parties also seek a continuance of the presently scheduled PHC of September 29, 2017, because of the unavailability of District’s attorney. The parties have agreed to October 2, 2017 for the continued PHC. Good cause exits and the request is granted.
ORDER
1. District’s motion to consolidate is granted. OAH Case Number 2017060750
(Student’s Case) shall be the lead case into which all further pleadings shall be filed.
2. All dates previously set in OAH Case Number 2017081086 (District’s Case) are
vacated.
3. The mediation date of September 1, 2017, and the hearing dates of October 10, 11,
and 12, 2017, shall apply to these consolidated cases.
4. The September 29, 2017 prehearing conference is continued to 1:00 p.m., October
2, 2017.
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 complaint in OAH Case Number 2017060750 (Student’s Case).
IT IS SO ORDERED.
DATE: August 28, 2017
CLIFFORD H. WOOSLEY
Administrative Law Judge Office of Administrative Hearings