California OAH special education order · October 8, 2018
Prehearing Conference Order Granting District's Motion to Consolidate and Granting District's Motion to Continue
OAH Case No. 2018100204, 2018080816 · ALJ Ted Mann
OAH consolidated Student's and Corona-Norco's cases over Student's objection because both turn on the District's evaluations and Student's request for publicly funded IEEs, then continued the hearing for mediation.
Summary
Corona-Norco moved to consolidate Student's earlier-filed due process case with its own later case and to continue the hearing. Student generally objected to consolidation. OAH granted consolidation because both cases involve whether the District's August/September evaluations were legally sufficient and whether Student is entitled to independent educational evaluations at public expense, and because they share many of the same witnesses and exhibits. OAH made the District's case the primary case, granted a continuance based on the parties' interest in mediation, and reset the hearing to November 27, 2018.
Why it matters
When a district files its own case to defend its evaluations after a parent has filed, OAH will usually combine the two cases over a general objection. The decision timeline then runs from the district's later filing date, which can delay the hearing on the parent's original claims.
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)(1)(C)(3)
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:
CORONA-NORCO UNIFIED SCHOOL OAH Case No. 2018100204
DISTRICT,
v.
PARENT ON BEHALF OF STUDENT,
PARENT ON BEHALF OF STUDENT, OAH Case No. 2018080816 v.
CORONA-NORCO UNIFIED SCHOOL PREHEARING CONFERENCE ORDER
DISTRICT. GRANTING DISTRICT’S MOTION TO
CONSOLIDATE AND GRANTING
DISTRICT’S MOTION TO CONTINUE
On August 21, 2018, Student filed with the Office of Administrative Hearings a Request for Due Process Hearing in OAH case number 2018080816 (Student’s Case), naming Corona-Norco Unified School District.
On October 3, 2018, Corona-Norco filed a Request for Due Process Hearing in OAH case number 2018100204 (District’s Case), naming Student.
On October 3, 2018, Corona-Norco filed a Motion to Consolidate Student’s Case with District’s Case and to continue the due process hearing date set in Case Number 2018100204 (District’s Case).
On Monday, October 8, 2018, a telephonic prehearing conference was held before Administrative Law Judge Ted Mann, Office of Administrative Hearings. Melinda E.
Gonzalez, Attorney at Law, appeared on behalf of Student. Summer Dalessandro, Attorney at Law, appeared on behalf of Corona-Norco. The PHC was recorded.
Based upon discussion with the parties, and good cause appearing, the ALJ issues the following order:
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, District’s Case and Student’s Case involve a common question of law or fact, specifically, the legal sufficiency of District’s August/September educational evaluations of Student and whether Student is entitled to publically-funded independent educational evaluations. In addition, consolidation furthers the interests of judicial economy because the two cases involve many of the same witnesses and exhibits. Student’s general objection to consolidation does not outweigh the foregoing considerations. Accordingly, for the reasons set forth on the record, consolidation is granted. District’s case is designated the primary case.
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).)
Corona-Norco’s motion to continue the hearing demonstrates good cause for a continuance, based on the parties’ expressed interest in pursuing mediation and the parties’ agreement to dates for the PHC and hearing in the consolidated matters. Accordingly, the requested continuance is granted.
ORDER
1. Corona-Norco’s Motion to Consolidate is granted.
2. All dates previously set in OAH Case Number 2018080816 (Student’s Case) are
vacated.
3. Corona-Norco’s Motion to Continue is granted and all dates previously set in
OAH Case Number 2018100204 (District’s Case) are vacated. The continued Prehearing Conference in the consolidated cases shall be held on Monday, November 19, 2018, at 10 a.m., and the continued Due Process Hearing in the consolidated cases shall be held on Tuesday, November 27, 2018 through Thursday, November 29, 2018 at 9:30 a.m. on the first day, and 9:00 a.m. on the following days, and continuing day to day, Monday through Thursday, 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 2018100204 (District’s Case).
IT IS SO ORDERED.
DATE: October 08, 2018
TED MANN
Administrative Law Judge Office of Administrative Hearings