California OAH special education order · April 22, 2021
Order Granting Motion to Consolidate and Designating District Case as Primary
OAH Case No. 2021040572, 2021030295 · ALJ Cynthia Fritz
OAH consolidated Bonita's case with Student's earlier case over Student's objection, finding both challenge the same 2020 IEP and that the one-week hearing delay was not prejudicial.
This case went to decision
Student v. Bonita Unified School District (consolidated): Bonita Unified's triennial IEP offered a FAPE, but its distance learning denied FAPE; up to $18,000 in compensatory services ordered. (2021)
Summary
Student filed for due process in March 2021. Bonita Unified filed its own case in April 2021 and moved to consolidate the two. Student opposed, arguing the District was trying to delay the case while Student was not receiving appropriate services, and that Student's counsel was unavailable in June 2021. OAH granted consolidation because both cases concern the appropriateness of Student's 2020 IEP and amendments and share witnesses and evidence. It found the delay was only one week, to May 11, 2021, made the District's case primary, and reset the 45-day decision timeline to run from the District's filing.
Why it matters
A district can file its own case after a parent's complaint, move to consolidate, and become the primary case, which resets the decision timeline. Parents arguing prejudice from delay need specific harm beyond a short postponement.
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:
BONITA UNIFIED SCHOOL DISTRICT,
and
PARENT ON BEHALF OF STUDENT,
OAH CASE NUMBER 2021040572
OAH CASE NUMBER 2021030295
ORDER GRANTING MOTION TO CONSOLIDATE AND
DESIGNATING DISTRICT CASE AS PRIMARY
APRIL 22, 2021
On March 8, 2021, Student filed with the Office of Administrative Hearings, referred to as OAH, a request for due process hearing, OAH case number 2021030295, naming Bonita Unified School District. On April 16, 2021, Bonita Unified School District filed a request for due process hearing in OAH case number 2021040572, naming Student.
On April 16, 2021, Bonita Unified School District filed a motion to consolidate its case with Student's Case, maintaining that the two cases have a common question of law and fact, and involve the same witnesses and evidence.
On April 19, 2021, Student opposed consolidation arguing Bonita Unified School District is attempting to delay this matter which will prejudice Student because Student is currently not receiving appropriate services. Additionally, Student's counsel is unavailable in June 2021.
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, the two cases involve a common question of law or fact, specifically, the appropriateness of Student's 2020 individualized education program and amendments.
Additionally, consolidation furthers the interests of judicial economy because the hearing will involve some of the same witnesses and evidence. Student's contention that consolidation will prejudice Student is unpersuasive because granting Bonita Unified School District's motion will delay the due process hearing by one week only to May 11, 2021. Accordingly, consolidation is granted.
ORDER
1. Bonita Unified School District's motion to consolidate is granted.
2. Bonita Unified School District's Case, OAH case number 2021040572, is
designated as the primary case. All dates previously set in Student's case, OAH case number 2021030295, 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 2021040572.
Cynthia Fritz Administrative Law Judge Office of Administrative Hearings