California OAH special education order · December 11, 2019
Order Granting Motion to Consolidate
OAH Case No. 2019120223, 2019090362 · ALJ Kara Hatfield
OAH granted Student's motion to consolidate over Alta Loma's objection because both cases ask whether the same May 17 and August 6, 2019 IEP offered Student a FAPE.
This case went to decision
Alta Loma School District v. Student: Alta Loma School District's 2019 IEP offering a special day class provided a FAPE; the district may implement it without parent consent. (2020)
Summary
Student filed his own due process complaint about three months after Alta Loma filed its case, then moved to consolidate the two. Alta Loma objected that its case had been pending longer and that delay would keep Student in what it considers an inappropriate stay put placement. OAH granted consolidation because both cases involve the same IEP, witnesses, and evidence, so a single hearing saves time and avoids inconsistent rulings. Student's case became the primary case, the district's hearing dates were vacated, and the 45-day timeline now runs from Student's filing date.
Why it matters
Parents can file their own complaint after a district files and still get the cases consolidated, even if this resets the timeline and delays the district's hearing. A district's argument that delay prolongs an inappropriate stay put placement did not outweigh judicial economy.
Key authority cited
- Gov. Code, § 11507.3, subd. (a)
- Code Civ. Proc., § 1048, subd. (a)
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,
v.
ALTA LOMA ELEMENTARY SCHOOL DISTRICT,
OAH CASE NUMBER 2019120223
and
ALTA LOMA SCHOOL DISTRICT,
v.
PARENT ON BEHALF OF STUDENT,
OAH CASE NUMBER 2019090362
ORDER GRANTING MOTION TO CONSOLIDATE
On September 10, 2019, Alta Loma School District filed with the Office of Administrative Hearings a Request for Due Process Hearing in OAH case number 2019090362, First Case, naming Student. The Office of Administrative Hearings is referred to as OAH. On September 26, 2019, OAH granted the parties’ joint continuance request, setting the hearing to begin on December 17, 2019. The parties participated in mediation on October 22, 2019.
On December 4, 2019, Student filed a Request for Due Process Hearing in OAH case number 2019120223, Second Case, naming Alta Loma.
On December 6, 2019, Student filed a Motion to Consolidate First Case with Second Case.
On December 10, 2019, Alta Loma filed an objection to consolidation on the ground that Loma’s case had been pending for almost three months when Student filed his case, which concerns the same individualized education program as Alta Loma put at issue. Alta Loma believes Student requires a change of placement to receive a free appropriate public education and delaying the hearing on Alta Loma’s case maintains Student in what Alta Loma asserts is an inappropriate placement for even longer than he has already been maintained in the inappropriate placement pursuant to Student’s right to remain in his last agreed upon and implemented individualized education program during the pendency of the dispute.
CONSOLIDATION
No statute or regulation specifically provides a standard to be applied in deciding a motion to consolidate special education cases. However, OAH will generally consolidate matters that involve the same parties, a common question of law and/or fact, 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, First Case and Second Case involve a common question of law or fact, specifically, whether the May 17 and August 6, 2019 individualized education program offered Student a free appropriate public education. Because the same witnesses and documentary evidence will be necessary in both cases, consolidation of the matters furthers the interests of judicial economy by saving time and preventing inconsistent rulings. Accordingly, consolidation is granted.
ORDER
1. Student’s Motion to Consolidate is granted.
2. Second Case is designated as the primary case. All dates previously set in
First Case, OAH case number 2019090362, are vacated.
3. 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 Primary Case, OAH case number 2019120223. Any request for continuance must establish good cause by way of declaration as OAH previously continued this matter.
IT IS SO ORDERED.
DATED: December 11, 2019 Kara Hatfield Administrative Law Judge Office of Administrative Hearings