California OAH special education order · June 29, 2013
Order Granting Motion to Consolidate
OAH Case No. 2013031004, 2013040364, 2013060755 · ALJ Charles Marson
OAH granted District's unopposed motion to join its third case, over its speech and language assessment, with two already-consolidated cases, because all three turn on the adequacy of District's triennial assessments.
This case went to decision
Student v. West Contra Costa Unified School District (consolidated): West Contra Costa Unified wins every issue; parents must allow triennial testing without the mother observing. (2013)
Summary
Student and District had already filed two due process cases, which OAH consolidated in May 2013. District then filed a third case asking OAH to find its February 2013 speech and language assessment appropriate so it could deny Parent's request for an independent educational evaluation, and it moved to join this case with the first two. Student did not respond. OAH granted the motion because all three cases share common questions of law and fact about the adequacy of District's triennial assessments and would use the same evidence and witnesses. OAH vacated the dates in the other cases and based the 45-day decision timeline on the second amended complaint in Case No. 2013031004, deemed filed June 20, 2013.
Why it matters
When a district files its own case to defend an assessment after a parent asks for an independent evaluation, OAH will usually combine it with the family's pending case about the same assessments. This can reset hearing dates and the decision timeline, so families should consider whether to respond to a consolidation motion.
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:
PARENTS ON BEHALF OF STUDENT, OAH CASE NO. 2013031004
v.
WEST CONTRA COSTA UNIFIED
SCHOOL DISTRICT,
WEST CONTRA COSTA UNIFIED OAH CASE NO. 2013040364
SCHOOL DISTRICT,
v.
PARENTS ON BEHALF OF STUDENT.
In the Matter of:
WEST CONTRA COSTA UNIFIED OAH CASE NO. 2013060755
SCHOOL DISTRICT,
ORDER GRANTING MOTION TO
v. CONSOLIDATE
PARENT ON BEHALF OF STUDENT.
On March 27, 2013, Parents on behalf of Student filed with the Office of Administrative Hearings (OAH) a due process hearing request (complaint) naming the West Contra Costa Unified School District (District). This case was designated OAH Case Number 2013031004 (first case). On April 9, 2013, District filed a complaint naming Student. That second case was designated OAH Case Number 2013040364 (second case).
On May 9, 2013, OAH consolidated the two cases.
On June 17, 2013, the District filed another complaint against Student. That third case was designated OAH Case Number 2013060755 (third case). On June 19, 2013, the District moved to consolidate the third case with the first two. Student did not file a response to the motion
APPLICABLE LAW AND DISCUSSION
Although no statute or regulation specifically provides a standard to be applied in deciding a motion to consolidate special education cases, OAH will generally consolidate matters that involve: a common question of law and/or fact; the same parties; 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, Student in the First Case alleges that the District denied him a free appropriate public education (FAPE) in a variety of ways, including by failing to assess him adequately during its triennial assessment. The District alleges in the Second Case that it should be allowed to complete its triennial assessment notwithstanding conditions on some of the assessments demanded by Parents. In the Third Case the District alleges that its speech and language assessment of February 11, 2013, part of its triennial assessments, was appropriate and it is therefore entitled to deny Parent’s request for an independent educational evaluation relating to speech and language. Thus all three cases involve common questions of law and fact relating to the adequacy of the District’s triennial assessments of Student. Consolidation would therefore further the interests of judicial economy because many of the issues in the three cases involve the same evidence and witnesses. Student does not oppose the motion to consolidate. Accordingly, consolidation is granted.
ORDER
1. The District’s Motion to Consolidate is granted.
2. All dates previously set in OAH Case Numbers 2013040364 (First Case) and
2013060755 (Third Case) 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 second amended complaint (deemed filed on June 20, 2013) in OAH Case Number 2013031004 [Second Case]. All dates now on calendar in OAH Case Number 2013031004 (Second Case) are confirmed.
Dated: June 29, 2013 /s/
CHARLES MARSON
Administrative Law Judge Office of Administrative Hearings