California OAH special education order · April 15, 2021
Order Granting Motion to Consolidate
OAH Case No. 2021040393, 2021020664 · ALJ Cole Dalton
OAH consolidated Student's and Enterprise Elementary's unopposed due process cases because both challenge the February 2020 FAPE offer and the district's medical assessment request, and would use the same witnesses and evidence.
This case went to decision
Student v. Enterprise Elementary School District (consolidated): Enterprise Elementary must fund 104 hours of in-home services and a health IEE after its virtual-only offer denied FAPE. (2022)
Summary
Student moved to consolidate Student's due process case with an earlier case Enterprise Elementary had filed against Student. Enterprise Elementary did not respond. OAH granted the motion because both cases involve the appropriateness of the district's February 2020 FAPE offer and its request for a medical assessment, and would require the same witnesses and evidence. Student's later-filed case was made the primary case, the earlier case's dates were vacated, and new prehearing and hearing dates were set.
Why it matters
A parent who files a cross-complaint after a district files its own case can ask OAH to combine the two. The parent's case can become the primary case, which resets the schedule and the 45-day decision timeline from the parent's filing 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:
PARENT ON BEHALF OF STUDENT,
v.
ENTERPRISE ELEMENTARY SCHOOL DISTRICT,
OAH CASE NUMBER 2021040393
and
ENTERPRISE ELEMENTARY SCHOOL DISTRICT,
v.
PARENT ON BEHALF OF STUDENT,
OAH CASE NUMBER 2021020664
ORDER GRANTING MOTION TO CONSOLIDATE
APRIL 15, 2021
On February 18, 2021, Enterprise Elementary School District filed with the Office of Administrative Hearings a Request for Due Process Hearing in OAH case number 2021020664, First Case, naming Student.
On April 9, 2021, Student filed a Request for Due Process Hearing in OAH case number 2021040393, Second Case, naming Enterprise Elementary.
On April 9, 2021, Student filed a Motion to Consolidate First Case with Second Case.
Enterprise Elementary did not file a response to the motion.
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 common questions of law and fact.
Specifically, both cases allege the appropriateness of Enterprise Elementary’s February 2020 offer of a free appropriate public education to Student and Enterprise Elementary’s request for a medical assessment of Student. Enterprise Elementary does not oppose the motion. In addition, consolidation furthers the interests of judicial economy because both cases will necessarily require the same witnesses and evidence. 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 2021020664, are vacated.
3. The consolidated matters shall proceed on the dates set in the Primary
Case, OAH Case number 2021040393. The deadline for filing mediation requests, prehearing conference motions, and prehearing conference statements shall be May 19, 2021. The Prehearing Conference shall be held on May 24, 2021 at 3:00 PM. The Due Process Hearing shall be held on June 2 and 3, 2021, from 9:30 AM to 3:30 PM on all days unless otherwise ordered. The hearing shall continue day to day 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 Primary Case, OAH case number 2021040393.
IT IS SO ORDERED.
Cole Dalton Administrative Law Judge Office of Administrative Hearings