California OAH special education order · September 11, 2018
Order Granting Motion to Consolidate and Granting Motion to Continue
OAH Case No. 2018090236, 2018080781 · ALJ Peter Paul Castillo
OAH consolidated Student's and Garden Grove's due process cases because both concern the adequacy of the district's 2018 triennial assessment and IEP. It also granted Student's continuance to agreed hearing dates.
This case went to decision
Student v. Garden Grove Unified School District (consolidated): Garden Grove Unified's triennial IEP offered FAPE and may be implemented; district's request to finish assessments without consent denied. (2018)
Summary
Garden Grove moved to consolidate its due process case with Student's earlier-filed case. Student did not object, as long as the hearing could start on October 10, 2018. OAH granted consolidation because both cases involve common questions about the 2018 triennial assessment and IEP, the same parties, and overlapping witnesses. OAH also granted Student's motion to continue, setting the prehearing conference for September 28, 2018, and the hearing for October 10, 11, and 16, 2018, with Garden Grove's case designated as the primary case for the 45-day decision timeline.
Why it matters
When a district files its own case defending the assessment or IEP that a parent is already challenging, OAH will usually combine the cases. A parent can agree to consolidation on conditions, such as a hearing start date. Note that the district's later filing date can become the controlling date for the decision timeline.
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:
GARDEN GROVE UNIFIED SCHOOL OAH Case No. 2018090236
DISTRICT ,
v.
PARENT ON BEHALF OF STUDENT,
PARENT ON BEHALF OF STUDENT, OAH Case No. 2018080781 v. ORDER GRANTING MOTION TO
CONSOLIDATE AND GRANTING
GARDEN GROVE UNIFIED SCHOOL MOTION TO CONTINUE
DISTRICT.
On August 21, 2018, Student filed with the Office of Administrative Hearings a Request for Due Process Hearing in OAH case number 2018080781 (Student’s Case), naming Garden Grove Unified School District.
On September 7, 2018, Garden Grove filed a Request for Due Process Hearing in OAH case number 2018090236, naming Student.
On September 7, 2018, Garden Grove filed a Motion to Consolidate its case with Student’s Case. On September 10, 2018, Student filed a response to Garden Grove’s consolidation request that did not object to the request, provided that the hearing could commence on October 10, 2018.
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 and Garden Grove’s Cases involve a common question of law or fact, specifically, as to the adequacy of Garden Grove’s 2018 triennial assessment and the subsequent individualized educational program. Student does not oppose the motion, and consolidation furthers the interests of judicial economy because the overlapping witnesses and factual and legal issues to be adjudicated in both cases. 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).)
Student’s motion to continue the hearing demonstrates good cause for a continuance, based on the availability of both parties to proceed to hearing on agreeable dates.
ORDER
1. Garden Grove’s Motion to Consolidate is granted.
2. All dates previously set in OAH Case Number 2018080781, Student’s Case, and
OAH Case Number 2018090236, Garden Grove’s Case, are vacated.
3. Student’s Motion to Continue is granted. The Prehearing Conference in the
consolidated cases shall be held on September 28, 2018, at 3:00 p.m. and the Due Process Hearing in the consolidated cases shall be held on October 10, 11 and 16, at 9:30 a.m. on the first day, 9:00 a.m. on all other days, and continuing day to day, as needed at the discretion of the Administrative Law Judge.
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 OAH Case Number 2018090236, Garden Grove’s Case, which is designated the primary case.
IT IS SO ORDERED.
DATE: September 11, 2018
PETER PAUL CASTILLO
Presiding Administrative Law Judge Office of Administrative Hearings