California OAH special education order · February 21, 2019
Order Granting Motion to Consolidate and Granting Motion to Continue
OAH Case No. 2019020163, 2019020610 · ALJ Rita DeFilippis
OAH consolidated Student's and Larkspur-Corte Madera's cases over Student's opposition because both turn on whether the initial assessment was appropriate, and continued the hearing because District counsel had a conflicting hearing.
Summary
Larkspur-Corte Madera moved to consolidate its own due process case with Student's earlier-filed case and to continue Student's hearing date. Student opposed both requests, arguing the District had not shown good cause. OAH granted consolidation because both cases involve the same parties and the common question of whether the District's initial assessment was appropriate, which means the same witnesses and evidence. OAH also found good cause for a continuance because District counsel had a conflicting, previously filed hearing, and it reset the hearing to April 23-25, 2019, with the 45-day decision timeline based on Student's filing date.
Why it matters
When a district files its own complaint defending an assessment that a parent is challenging, OAH will usually combine the two cases, and that can push back the parent's hearing date. A scheduling conflict for counsel caused by an earlier-filed hearing can count as good cause for a continuance even if the parent objects.
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:
PARENT ON BEHALF OF STUDENT, OAH Case No. 2019020163 v.
LARKSPUR-CORTE MADERA SCHOOL
DISTRICT,
LARKSPUR-CORTE MADERA SCHOOL OAH Case No. 2019020610
DISTRICT,
v.
ORDER GRANTING MOTION TO
PARENT ON BEHALF OF STUDENT. CONSOLIDATE AND GRANTING
MOTION TO CONTINUE
On February 5, 2019, Student filed with the Office of Administrative Hearings a Request for Due Process Hearing in OAH case number 2019020163 (Student’s Case), naming Larkspur-Corte Madera School District.
On February 15, 2019, Corte Madera filed a Request for Due Process Hearing in OAH case number 2019020610 (District’s Case), naming Student.
On February 15, 2019, Larkspur-Corte Madera filed a Motion to Consolidate Student’s Case with District’s Case and to continue the due process hearing date set in Case Number 2019020163 (Student’s Case).
On February 20, 2019, Student filed an opposition to consolidation of the cases, and continuance of Student’s case, on the grounds that Larkspur-Corte Madera failed to establish good cause for the requests.
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, Student alleges in her complaint that Larkspur-Corte Madera’s initial assessment of Student was inappropriate and asserts that Student should have been found eligible for special education services. Larkspur- Corte Madera’s sole issue in its complaint asserts that the initial assessment of Student was appropriate. Consolidation of Student’s case and Larkspur-Corte Madera’s case involve the same parties and common issues, which would involve the same witnesses and evidence. Consolidation therefore furthers the interests of judicial economy and prevents inconsistent rulings. 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).)
Larkspur-Corte Madera’s motion to continue the hearing demonstrates good cause for a continuance, based on Larkspur-Corte Madera’s Counsel’s unavailability due to another due process hearing, filed previously to the present matter, which is expected to overlap with the dates for hearing scheduled in Student’s case.
ORDER
1. Larkspur-Corte Madera’s Motion to Consolidate is granted.
2. All dates previously set in OAH Case Number 2019020610, District’s Case, are
vacated.
3. Larkspur-Corte Madera’s Motion to Continue is granted. The parties shall
participate in a prehearing conference in the consolidated cases on April 15, 2019, at 3:00 p.m. OAH will initiate the call. The Due Process Hearing in the consolidated cases shall be held on April 23 1, 24, and 25, 2019, continuing day to day as needed at the discretion of the Administrative Law Judge. The first day of hearing shall begin at 9:30 a.m. and the following days at 9:00 a.m., unless otherwise ordered.
Larkspur-Corte Madera requested the first day of hearing to be Monday, April 22,
2019. April 22, 2019 is not an available date for hearing.
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 2019020163, Student’s Case.
IT IS SO ORDERED.
DATE: February 21, 2019
RITA DEFILIPPIS
Administrative Law Judge Office of Administrative Hearings