California OAH special education order · August 8, 2013
Order Granting Student's Motion to Consolidate
OAH Case No. 2013071304, 2013040881 · ALJ Judith Pasewark
OAH consolidated the District's earlier case with Student's later case because both concern the District's assessments, Student's request for independent evaluations, and the April 1, 2013 IEP offer.
This case went to decision
Student v. Newport-Mesa Unified School District (consolidated): Newport-Mesa Unified's triennial assessment and special day class IEP offer upheld; district may implement IEP without parental consent. (2014)
Summary
The District filed a due process case in April 2013. Student filed a separate case in July 2013 and asked OAH to consolidate the two. The District did not respond. OAH granted the motion because the cases share common questions of law and fact about the District's assessments, Student's request for independent evaluations, and whether the April 1, 2013 IEP offered a free appropriate public education, and because they involve the same witnesses and evidence. Dates in the District's case were vacated, the dates from Student's case now apply to both, and the 45-day decision timeline runs from the filing of Student's complaint.
Why it matters
A parent who files a later case on the same IEP and assessment disputes can ask OAH to combine it with a district's earlier case, so both are heard together. When the parent's case is the controlling one, its hearing dates and decision timeline govern the combined case.
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:
PARENT ON BEHALF OF STUDENT, OAH CASE NO. 2013071304
v.
NEWPORT-MESA UNIFIED SCHOOL
DISTRICT.
NEWPORT-MESA UNIFIED SCHOOL OAH CASE NO. 2013040881
DISTRICT,
v.
ORDER GRANTING STUDENT’S
PARENT ON BEHALF OF STUDENT, MOTION TO CONSOLIDATE
On April 22, 2013, the Newport-Mesa Unified School District (District) filed a Request for Due Process Hearing in OAH case number 2013040881 (First Case), naming Parent on behalf of Student (Student).
On July 31, 2013, Student filed a Request for Due Process Hearing in OAH case number 2013071303 (Second Case), naming the District.
On July 31, 2013, Student filed a Motion to Consolidate the First Case with the Second Case. The District did not file a response to the motion. Neither party made a request for a continuance of hearing dates.
CONSOLIDATION
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, the First Case and Second Case involve a common question of law or fact, regarding the sufficiency of the District’s assessments and Student’s request for Independent Expert Evaluations, and the sufficiency of the District’s April 1, 2013 Individual Educational Program as an offer of a free public education. The District did not file an opposition to Student’s motion. In addition, consolidation furthers the interests of judicial economy because the cases involve the same issues of fact and law, and involve the same witnesses and evidence. Accordingly, consolidation is granted.
ORDER
1. Student’s Motion to Consolidate is granted.
2. All dates previously set in OAH Case Number 2013040881 (First Case) are
vacated. The mediation and hearing dates initially scheduled in OAH Case Number 2013071304 (Second Case) shall apply to the consolidated matters.
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 OAH Case Number 2013071304 (Second Case).
Dated: August 08, 2013 /s/
JUDITH PASEWARK
Administrative Law Judge Office of Administrative Hearings