Division of Administrative Law Appeals
Bureau of Special Education Appeals
In Re: Isabella C. v. Bridgewater-Raynham Regional School District
BSEA# 25-04174 & 25-04551
Rulings on Bridgewater-Raynham Regional School District’s Motion to Consolidate
On October 8, 2024, Parents filed a Hearing Request in the above-referenced matter (BSEA#2504174). Thereafter, on October 25, 2024, Bridgewater-Raynham Regional School District (District) filed a Request for Hearing (BSEA # 2504551) in a matter related to Parents’ Hearing Request and requesting in its cover letter that the two matters be consolidated.
On October 30, 2024, the District filed a Motion to Consolidate BSEA#2504174 and BSEA # 2504551. Given Parents’ request that their Hearing proceed on November 12, 2024, and consistent with Rule VI.C. of the Hearing Rules for Special Education Appeals (Hearing Rules) authorizing a BSEA Hearing Officer to establish a shorter or longer timeline for responding to a motion, on October 31, 2024, a shorter timeline for Parents to respond to the Motion to Consolidate was established. Parents’ response to the District’s Motion to Consolidate was due by 2:00 p.m. on Friday November 1, 2024.
At 12:47 p.m. on Friday November 1, 2024, Parents’ attorney forwarded an email objecting to having to respond to the Motion to Consolidate because Parents’ Response to the District’s Hearing Request was not due until Monday, November 4, 2024. (I note that exhibits and witness lists for BSEA#2504174 are due by the close of business on November 5, 2024.) While citing the impracticability of responding to the District’s Motion without allegedly prejudicing their case, Parents did not respond as to whether or not they objected to consolidation, but asserted that their case should be heard on an accelerated basis.
At 2:01 p.m. on November 1, 2024, Parents filed a Response to the BSEA Order Dated 10/31/2024, objecting to the requirement that they respond to the District’s Motion to Consolidate prior to the due date for filing a Response to the District’s Hearing Request (i.e., Monday November 4, 2024). Parents’ filing noted concern over a possible delay of Student’s case. Again, Parents’ submission does not state whether or not Parents oppose consolidation.
Parents’ submission opposing the Hearing Officer’s Order cites to no authority preventing consideration of a motion to consolidate prior to the due date for a response to a hearing request, and I know of none. BSEA#2504174 and BSEA# 2504551 involve the same parties, the same time period and the sole issue in the District’s Hearing Request is one of the claims in Parents’ Hearing Request. As such, administrative efficiency dictates that both matters be consolidated, especially where Parents did not object to consolidation by the deadline established by the undersigned Hearing Officer. Therefore, the District’s Motion to Consolidate BSEA#2504174 and BSEA# 2504551 is hereby GRANTED. From this point forward, both matters will proceed together.
To the extent that Parents seek reconsideration of their request for accelerated status, which request was denied on October 9, 2024, such request is denied, as Parents’ Hearing Request does not meet the criteria for accelerated status pursuant to Rule II D of the Hearing Rules for Special Education Appeals. This matter will proceed on the standard calendar track.
Furthermore, taking into account both the District’s and Parents’ concerns, and in light of Parents’ preference to proceed to Hearing on November 12, 2024, both matters will proceed together on November 12 and November 15, 2024, at 10:00 a.m. Exhibits and witness lists are due by the close of business on November 5, 2024.
Also, during a conference call held on October 29, 2024, the Hearing Officer scheduled a conference call for November 4, 2024, to address scheduling. Parents’ attorney however, refused to participate in said conference call. Therefore, the telephone conference call on November 4, 2024, is cancelled. Lastly, given the close proximity to Hearing, no further substantive motions[1] will be entertained.
So Ordered by the Hearing Officer,
Rosa I. Figueroa
Rosa I. Figueroa
Dated: November 4, 2024
[1] A Ruling denying the District’s Motion for Summary Judgment was issued on November 4, 2024.