California OAH special education order · April 4, 2022
Order Following Prehearing Conference and Granting District's Motion to Consolidate
OAH Case No. 2022030482, 2022030575 · ALJ Christine Arden
OAH granted Etiwanda School District's unopposed motion to consolidate. Both cases ask whether the same IEP offered Student a FAPE and will share evidence and witnesses. Student's case was made the primary case.
This case went to decision
Student v. Etiwanda School District (consolidated): Etiwanda School District offered FAPE in triennial IEP and may implement it without parent consent; all student claims denied. (2022)
Summary
Etiwanda School District moved to consolidate its due process case with the case Student had filed two days earlier, and Student filed no response. At a prehearing conference, the ALJ found a common question in both cases: whether the District offered a FAPE in the IEP the order dates December 2, 2022. The ALJ also found that consolidation saves time because the documents and witnesses overlap. The ALJ granted consolidation, made Student's case the primary case, vacated the dates in the District's case, and based the 45-day decision timeline on the filing date of Student's complaint.
Why it matters
When a parent's case is filed first, consolidation usually makes it the primary case. Its filing date then controls the 45-day decision timeline, and the district's separate hearing dates are vacated.
Key authority cited
- Gov. Code, § 11507.3, subd. (a)
- Code Civ. Proc., § 1048, subd. (a)
People named in the order
- Christine Arden, Administrative Law Judge
- Sundee Johnson, Attorney for Etiwanda School District
- Robert Burgemeister, Attorney for Student
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:
PARENT ON BEHALF OF STUDENT,
and
ETIWANDA SCHOOL DISTRICT,
OAH CASE NUMBER 2022030482
OAH CASE NUMBER 2022030575
ORDER FOLLOWING PREHEARING CONFERENCE AND
GRANTING DISTRICT’S MOTION TO CONSOLIDATE
APRIL 04, 2022
On April 4, 2022, Administrative Law Judge Christine Arden, Office of Administrative Hearings, called OAH, held a prehearing conference by videoconference in the case captioned Etiwanda School District v. Student, OAH case number
2022030575. The Administrative Law Judge is called an ALJ. The prehearing conference
is called a PHC.
Sundee Johnson, Attorney at Law, appeared on behalf of Etiwanda School District. Robert Burgemeister, Attorney at Law, appeared on behalf of Student. The PHC was recorded. Based upon discussion with the parties, the ALJ issues the following order:
On March 14, 2022, Student filed with OAH a Request for Due Process Hearing in OAH case number 2022030482, called Student’s Case, naming Etiwanda School District.
On March 16, 2022, Etiwanda School District filed a Request for Due Process Hearing in OAH case number2022030575, called District’s Case, naming Student.
On March 30, 2022, Etiwanda School District filed a Motion to Consolidate District’s Case with Student’s Case.
Student did not file a response to the motion to consolidate.
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, Student’s issue number 1, and Etiwanda School District’s sole issue, both involve the question of whether Etiwanda School District offered Student a free appropriate public education, called a FAPE, in the individualized education program dated December 2, 2022.
Student does not oppose the motion. In addition, consolidation furthers the interests of judicial economy because much of the documentary evidence will be the same in both cases, and many of the same witnesses will be called to testify at the hearings in both cases. Accordingly, consolidation is granted.
ORDER
1. Etiwanda School District’s Motion to Consolidate is granted.
2. Student’s Case, OAH case number 2022030482 is designated as the
primary case. All dates previously set in District’s Case, OAH case number2022030575, 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 the Primary Case, OAH case number2022030482
IT IS SO ORDERED.
Christine Arden Administrative Law Judge Office of Administrative Hearings