California OAH special education order · October 26, 2020
Order Denying Motion to Consolidate and Denying Motion to Continue
OAH Case No. 2020090678 · ALJ Rommel P. Cruz
OAH denied Student's motion to consolidate Student's new case with Anaheim Elementary's case as untimely, because it was filed less than one business day before the district's hearing.
This case went to decision
Anaheim Elementary School District v. Student: Anaheim Elementary may assess a six-year-old in person without parental consent or conditions, but no physical exam without consent. (2020)
Summary
Student filed a complaint against Anaheim Elementary about a month after the district filed its own case. Student then moved to consolidate the two cases and continue the hearing. Anaheim Elementary objected that the motion was untimely. OAH denied consolidation because the district's hearing was set to begin the next day and the parties had already prepared, so consolidating would not save time or effort. The request to continue was denied as moot.
Why it matters
Parents who want their own claims heard together with a district's case should file and move to consolidate well before the district's hearing date. A last-minute request is likely to be denied even when the cases overlap.
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 MATTER OF:
ANAHEIM ELEMENTARY SCHOOL DISTRICT,
v.
PARENT ON BEHALF OF STUDENT.
OAH CASE NUMBER 2020090678
ORDER DENYING MOTION TO CONSOLIDATE AND
DENYING MOTION TO CONTINUE
OCTOBER 26, 2020
On September 21, 2020, Anaheim Elementary School District filed with the Office of Administrative Hearings a Request for Due Process Hearing, called a complaint, in OAH case number 2020090678, First Case, naming Student.
On October 21, 2020, Parents on behalf of Student filed a complaint in OAH case number 2020100711, Second Case, naming Anaheim Elementary.
On October 26, 2020, Student filed a Motion to Consolidate First Case with Second Case and to continue the due process hearing.
On October 26, 2020, Anaheim Elementary filed an objection to consolidation on the ground that the motion was untimely.
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].)
Student’s motion to consolidate is untimely as the hearing for the First Case, OAH case number 2020090678 is scheduled to begin in less than one business day, on October 27, 2020. Consolidation of the two Cases on the eve of the due process hearing, with the parties having prepared for hearing, would not further the interest of judicial economy. Accordingly, the motion to consolidate is denied, and the request to continue the consolidated cases is denied as moot.
ORDER
1. Student’s Motion to Consolidate is denied.
2. Student’s request to continue the requested consolidated cases is denied
as moot.
Rommel P. Cruz Administrative Law Judge Office of Administrative Hearings