California OAH special education order · May 4, 2022
Order Denying Motion to Consolidate and Continue
OAH Case No. 2021110193 · ALJ June Lehrman
OAH denied a joint motion to consolidate and continue two Student cases because one concerns a 2019 assessment and the other concerns later placement and services, so they share no common question.
This case went to decision
Student v. William S. Hart Union High School District: William S. Hart Union High must fund two IEEs after its 2019 psychoeducational and speech assessments were found inappropriate. (2022)
Summary
Student and Hart had two cases pending. The older one now concerns only the appropriateness of assessments in a November 7, 2019 report. The newer one concerns placement and services in the 2020-21 and 2021-22 school years. The parties jointly asked OAH to consolidate both cases and move them to an October 2022 hearing. OAH denied the request because, apart from the same parties, the cases share no common question of law or fact, and consolidating would not save time when the older case was already six months old and involved events two and one-half years past. The older case will go to hearing as scheduled on May 10-12, 2022, and OAH said no further continuances will be granted without extraordinary cause.
Why it matters
Even a joint, unopposed request to consolidate and continue can be denied when the cases involve different issues and time periods. Splitting issues into a new filing can leave the original case on its existing hearing schedule.
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:
PARENTS ON BEHALF OF STUDENT,
v.
WILLIAM S. HART UNION HIGH SCHOOL DISTRICT.
OAH CASE NUMBER 2021110193
ORDER DENYING MOTION TO CONSOLIDATE AND
CONTINUE
MAY 4, 2022
On November 5, 2021, Student filed with the Office of Administrative Hearings a Request for Due Process Hearing in OAH case number 202110193, naming William S.
Hart Union High School District. As currently amended and continued, and following the withdrawal of certain issues via Student’s prehearing conference statement filed on April 26, 2022, this case concerns only the appropriateness of assessments memorialized in an assessment report dated November 7, 2019, approximately two and one-half years ago. The withdrawn issues concerned placement and services during the 2020-21 and 2021-22 school years. The case is set for hearing on May 10, 11 and 12, 2022 and , as ordered below, will proceed as scheduled.
On April 26, 2022, the same date as Student’s prehearing conference statement withdrawing issues from 202110193, Student filed a Request for Due Process Hearing in OAH case number 2022040887, also naming William S. Hart. Student’s second case restated and updated the issues that concerned placement and services during the 2020-21 and 2021-22 school years. OAH case number 2022040887 is currently set for hearing on June 14-16, 2022.
On May 3, 2022, the parties filed a joint motion to consolidate the cases and continue them such that they would proceed to hearing in October, 2022.
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, except for the overlapping parties, Student’s two cases do not involve a common question of law or fact. Specifically, OAH case number 2021110193 concerns only the appropriateness assessments memorialized in a report dated November 7,
2019. Conversely, OAH case number 2022040887 concerns placement and services in
the 2020-21 and 2021-22 school years. In addition, OAH case number 2021110193 has been on file since November 5, 2021. Consolidation does not further the interests of judicial economy because the case is already six months old and concerns events that are now two and one-half years past.
ORDER
1. The Motion to Consolidate is denied.
2. The Motion to Continue is denied.
3. OAH Case number 2021110193 will proceed as scheduled. No further
continuances will be granted absent extraordinary cause.
4. Unless otherwise ordered, OAH Case number 2022040887 will proceed as
scheduled
IT IS SO ORDERED.
June Lehrman Administrative Law Judge Office of Administrative Hearings