California OAH special education order · October 30, 2017
Order Granting Motion to Consolidate and Denying Motion to Continue
OAH Case No. 2017080698, 2017100990 · ALJ Rommel P. Cruz
OAH consolidated District's case with Student's earlier case over Student's objection, finding a common question about assessment in all areas of suspected disability, but denied District's unsupported request to continue the hearing.
Summary
District filed its own due process complaint and asked OAH to consolidate it with Student's earlier-filed case and to continue Student's hearing date. Student objected, arguing the cases shared no common questions and consolidation would delay Student's claims. OAH granted consolidation because both cases involve the same parties, the same likely evidence and witnesses, and a common question of whether District failed to assess Student in all areas of suspected disability during the 2017-2018 school year. OAH denied the continuance because District offered no argument for it, so the consolidated cases stay on Student's hearing dates and Student's 45-day decision timeline.
Why it matters
A district's later-filed case can be joined to a parent's case, but that does not automatically delay the parent's hearing. A district asking for a continuance must actually show good cause, and the parent's original timeline can control.
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. 2017080698 v.
ELK GROVE UNIFIED SCHOOL
DISTRICT,
ELK GROVE UNIFIED SCHOOL OAH Case No. 2017100990
DISTRICT,
ORDER GRANTING MOTION TO
v. CONSOLIDATE AND DENYING
MOTION TO CONTINUE
PARENT ON BEHALF OF STUDENT.
On August 16, 2017, Parent on behalf of Student filed with the Office of Administrative Hearings a Request for Due Process Hearing in OAH case number 2017080698 (Student’s Case), naming Elk Grove Unified School District.
On October 23, 2017, District filed a Request for Due Process Hearing in OAH case number 2017100990 (District’s Case), naming Student.
On October 23, 2017, District filed a Motion to Consolidate District’s Case with Student’s Case and to continue the due process hearing date set in Student’s Case, case number 2017080698.
On October 26, 2017, Student filed an objection to consolidation on the ground that the Student’s Case and District’s Case do not involve common questions of law or fact and consolidation would result in a delay in the adjudication of Student’s claims.
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, Student’s Case and District’s Case involve a common question of law or fact, specifically, whether District failed to assess Student in all areas of suspected disability during the 2017-2018 school year. In addition, consolidation furthers the interests of judicial economy because each case involves identical parties and will likely involve the same documentary evidence and witnesses. Accordingly, consolidation is granted.
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).)
District’s motion to continue the hearing fails to provide any argument in support of a continuance, and fails to demonstrate why the hearing on the consolidated cases cannot be heard on the dates provided for in Student’s Case because of the common questions of law and fact that supported consolidation. Therefore, District’s motion to continue is denied.
ORDER
1. District’s Motion to Consolidate is granted. Student’s Case, OAH case
number 2107080698 is designated as the primary case.
2. All dates previously set in District’s Case, OAH case number 2017100990 are
vacated.
3. District’s Motion to Continue is denied. The consolidated cases will proceed
on the dates and times as set forth in Student’s Case, OAH case number 2107080698.
4. 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 Student’s Case, case number 2017080698.
DATE: October 30, 2017
ROMMEL P. CRUZ
Administrative Law Judge Office of Administrative Hearings