California OAH special education order · June 14, 2021
Order Granting Motion to Consolidate
OAH Case No. 2021060404, 2020120855 · ALJ Rita Defilippis
OAH granted Elk Grove's motion to consolidate over Student's objection, finding overlapping time periods, facts, witnesses, and evidence despite no common issue, and made District's later-filed case primary.
Summary
Elk Grove moved to consolidate Student's December 2020 due process case with its own June 2021 case asking whether its March 3, 2021 IEP, as amended, offered Student a FAPE. Student objected that District's case raised an issue not in dispute in Student's complaint and that consolidation would further delay the hearing. The ALJ acknowledged the cases share no common issue but found they involve overlapping time periods, common facts, witnesses, and evidence, so consolidation would promote judicial economy and prevent inconsistent findings. District's case was made the primary case, Student's dates were vacated, the hearing was set for July 7 and 8, 2021, and the 45-day decision timeline now runs from District's filing date.
Why it matters
A district can file its own case months after a parent's complaint and, through consolidation, reset the parent's hearing dates and decision timeline, even when the two cases share no common issue. Parents who object on delay grounds should be ready to show concrete prejudice, because overlapping facts and witnesses can be enough for OAH to consolidate.
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:
ELK GROVE UNIFIED SCHOOL DISTRICT,
and
PARENT ON BEHALF OF STUDENT,
OAH CASE NUMBER 2021060404 AND 2020120855
ORDER GRANTING MOTION TO CONSOLIDATE
JUNE 14, 2021
On December 29, 2020, Student filed with the Office of Administrative Hearings a Request for Due Process Hearing in OAH case number 2020120855, Student’s Case, naming Elk Grove Unified School District. On April 28, 2021, Student filed an amended complaint.
On June 8, 2021, Elk Grove filed a Request for Due Process Hearing in OAH case number 2021060404, District’s Case, naming Student.
On June 9, 2021, Elk Grove filed a Motion to Consolidate Student’s Case with District’s Case.
On June 11, 2021, Student filed an objection to consolidation on the grounds that District’s Case involves an issue not in dispute in Student’s complaint, and that consolidation would prejudice Student as it would result in a further delay of the hearing. On June 14, Elk Grove filed a reply to Student’s opposition.
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, District’s case involves the issue of whether Elk Grove’s March 3, 2021 IEP, as amended on April 2, April 5, April 27, and May 24, 2021, offers Student a free appropriate public education, called a FAPE. Student’s Case does not involve a common issue. However, Student’s Case and District’s Case involve overlapping time periods, common facts, witnesses, and evidence. Consolidation would therefore promote judicial economy and prevent inconsistent findings of fact. Accordingly, Elk Grove’s motion to consolidate is granted.
ORDER
1. Elk Grove’s Motion to Consolidate is granted.
2. District’s Case is designated as the primary case. All dates previously set in
Student’s case, OAH case number 2020120855, are vacated. The prehearing conference in the consolidated cases shall be held via videoconference on June 28, 2021, at 3:00 pm. The due process hearing for the consolidated cases shall be held via videoconference on July 7, and 8, 2021.
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 District’s Case, OAH case number 2021060404.
IT IS SO ORDERED.
Rita Defilippis Administrative Law Judge Office of Administrative Hearings