California OAH special education order · January 20, 2022
Order Granting Motion to Consolidate, Advancing Hearing Date of Student's Issue, and Ordering Amended Prehearing Conference Statements
OAH Case No. 2021120904, 2022010410 · ALJ Kara Hatfield
OAH consolidated Student's manifestation-determination case with Carpinteria's expedited interim-placement case over the District's objection, finding them directly connected, and moved Student's hearing up to February 1, 2022.
Summary
Carpinteria filed an expedited case seeking to place Student in a 45-day interim alternative educational setting because his conduct caused serious bodily injury. Student then filed his own case and moved to consolidate. Carpinteria objected that Student's claim was only a general denial-of-FAPE claim and not an expedited claim. OAH granted consolidation because Student's claim is directly connected to Carpinteria's interim-placement question. That claim is that his conduct was a manifestation of his disability caused by Carpinteria's failure to implement his IEP. OAH set the combined hearing on Carpinteria's earlier expedited date to meet the 20-school-day deadline and ordered amended prehearing conference statements.
Why it matters
When a district seeks an interim alternative placement after a discipline incident, parents can file their own manifestation challenge, including one based on failure to implement the IEP, and have it heard together with the district's case. Expect a very fast hearing schedule when that happens.
Key authority cited
- Gov. Code, § 11507.3, subd. (a)
- Code Civ. Proc., § 1048, subd. (a)
- 20 U.S.C. § 1415(k)(1)(E)(i)(II)
- 20 U.S.C. § 1415(k)(4)(B)
- 34 C.F.R. § 300.532(c)(2)
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 INVOLVING:
CARPINTERIA UNIFIED SCHOOL DISTRICT,
and
PARENTS ON BEHALF OF STUDENT,
OAH CASE NUMBER 2021120904
OAH CASE NUMBER 2022010410
ORDER GRANTING MOTION TO CONSOLIDATE,
ADVANCING HEARING DATE OF STUDENT'S ISSUE, AND
ORDERING AMENDED PREHEARING CONFERENCE
STATEMENTS
JANUARY 20, 2022
On December 28, 2021, Carpinteria Unified School District filed with the Office of Administrative Hearings a Request for Due Process Hearing in OAH case number 2021120904, Carpinteria’s Case, naming Student.
On January 14, 2022, Student filed a Request for Due Process Hearing in OAH case number 2022010410, Student’s Case, naming Carpinteria.
On January 14, 2022, Student filed a Motion to Consolidate the cases.
On January 20, 2022, Carpinteria filed an objection to consolidation on the ground that OAH has incorrectly identified Student’s issue as the type of claim for which an expedited due process hearing is available, asserting it is merely a claim for denial of a free appropriate public education and unrelated to a manifestation determination review or interim alternative educational setting based upon violation of a school’s code of conduct.
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, both cases involve a common question of law or fact, specifically, whether Carpinteria may place Student in an interim alternative educational setting for 45 days based upon the fact that despite Student’s conduct having been found to be a manifestation of his disability, his conduct inflicted serious bodily injury upon another person at school. Student’s issue, the question of whether Student’s conduct was a manifestation of his disability on the grounds of title 20 United States Code section 1415(k)(1)(E)(i)(II), Carpinteria’s failure to implement Student’s individualized education program, is directly connected to the legal question raised in Carpinteria’s Case of whether Student requires placement in an interim alternative educational setting or whether Student might safely be maintained in the placement in which his aggressive behavior occurred. Accordingly, consolidation is granted.
A due process hearing of expedited claims must be conducted within 20 school days of the date the expedited due process hearing request was filed, and a decision must be rendered within 10 school days after the hearing ends. (20 U.S.C.
§ 1415(k)(4)(B); 34 C.F.R. § 300.532(c)(2).) Although Student’s Case was originally scheduled to be heard beginning on February 15, 2022, it may begin any time within 20 school days of the date it was filed, while Carpinteria’s Case cannot begin on the dates in Student’s Case as that hearing would start beyond the 20 school days since Carpinteria’s Case was filed. Because Carpinteria’s Case and Student’s Case are being consolidated, the consolidated matter will be heard beginning on the date set in Carpinteria’s Case, February 1, 2022. An expedited mediation in Student’s Case is currently scheduled to take place on January 27, 2022, and will remain on calendar. If the parties are not available on that date, they may request another mutually agreeable date before the consolidated expedited due process hearing begins.
The parties have already filed their prehearing conference statements for the January 24, 2022 prehearing conference related to Carpinteria’s issues. Because Student’s issue is now included in the consolidated matter, the parties shall file amended prehearing conference statements by 3:00 PM on Friday, January 21, 2022.
ORDER
1. Student’s Motion to Consolidate is granted.
2. Carpinteria’s Case is designated as the primary case. All dates previously
set in Student’s Case, OAH case number 2022010410, are vacated except the mediation of January 27, 2022, which remains on calendar.
IT IS SO ORDERED.
Kara Hatfield Administrative Law Judge Office of Administrative Hearings