California OAH special education order · February 5, 2021
Order Granting Motion to Consolidate and Denying Request for Continuance as Moot
OAH Case No. 2021020068, 2020100195 · ALJ Rommel P. Cruz
OAH consolidated Student's case with San Diego Unified's later-filed case over Student's opposition, because both turn on whether the October 7, 2020 IEP offered a FAPE, and made the District's case primary.
Summary
Student filed a due process complaint in October 2020, with hearing set for February 17 and 18, 2021. On February 1, 2021, San Diego Unified filed its own complaint, moved to consolidate, and asked again to continue Student's hearing. Student opposed both requests. OAH granted consolidation because both cases share common questions of law and fact about whether the October 7, 2020 IEP offered Student a free appropriate public education, and a joint hearing avoids duplicate witnesses and hearing time. OAH made the District's case primary, vacated Student's hearing dates, based the 45-day decision timeline on the District's filing date, and denied the continuance request as moot.
Why it matters
A district that files its own complaint shortly before a parent's hearing can get the cases consolidated with its case as primary. That vacates the parent's hearing dates and restarts the decision timeline, even over the parent's objection. Parents should be ready for this tactic close to a hearing date.
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:
SAN DIEGO UNIFIED SCHOOL DISTRICT,
v.
PARENT ON BEHALF OF STUDENT,
OAH CASE NUMBER 2021020068
and
PARENT ON BEHALF OF STUDENT,
v.
SAN DIEGO UNIFIED SCHOOL DISTRICT.
OAH CASE NUMBER 2020100195
ORDER GRANTING MOTION TO CONSOLIDATE AND
DENYING REQUEST FOR CONTINUANCE AS MOOT
FEBRUARY 5, 2021
On October 7, 2020, Student filed a request for due process hearing, also called a complaint, with the Office of Administrative Hearings, in OAH case number 2020100195, Student’s Case, naming San Diego Unified School District. On November 10, 2020, OAH granted the parties’ joint request and continued Student’s Case to February 17, and 18, 2021.
On February 1, 2021, San Diego Unified filed a complaint in OAH case number 2021020068, San Diego Unified’s Case, naming Student; a motion to consolidate Student’s Case and San Diego Unified’s Case, and a second request to continue Student’s Case. On February 4, 2021, Student filed an opposition to the motions to consolidate and a continuance.
MOTION TO CONSOLIDATE
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);
Code of Civ. Proc., § 1048, subd. (a).)
Here, both cases involve common questions of law and fact, specifically, whether San Diego Unified, through the October 7, 2020 IEP offered Student a free appropriate public education. In addition, consolidation furthers the interests of judicial economy because it avoids duplication of witnesses and hearing time. Therefore, consolidation is granted. San Diego Unified’s Case, OAH case number 2021020068, is designated the primary case. All previously scheduled dates in Student’s Case, OAH case number 2020100195 is vacated. Accordingly, San Diego Unified’s motion to continue the hearing in Student’s Case is denied as moot.
ORDER
1. San Diego Unified’s motion to consolidate is granted.
2. San Diego Unified’s case, OAH case number 2021020068 is designated the
primary case. All dates currently scheduled in Student’s Case, OAH case number 2020100195 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 San Diego Unified’s Case, OAH case number 2021020068.
4. San Diego Unified’s request for continuance is denied as moot.
IT IS SO ORDERED.
Rommel P. Cruz Administrative Law Judge Office of Administrative Hearings