California OAH special education order · November 6, 2013
Order Granting Motion to Consolidate
OAH Case No. 2013100405, 2013101109 · ALJ Adrienne L. Krikorian
OAH consolidated Student's and District's cases because both turn on whether District's September 2013 psycho-educational assessment was appropriate and whether Student is entitled to a publicly funded independent evaluation.
This case went to decision
Student v. Sacramento City Unified School District: Sacramento City Unified must reimburse a Utah residential placement after its September 2013 split-therapy IEP denied FAPE. (2014)
Summary
District filed its own due process complaint and asked OAH to consolidate it with the case Student had filed earlier. Student did not respond to the motion. OAH granted consolidation because both cases share a common question: whether District's September 2013 psycho-educational assessment was appropriate and, if not, whether Student is entitled to an independent educational evaluation at public expense. The consolidated case proceeds on the dates set in Student's case, and the 45-day decision timeline runs from the filing of Student's complaint.
Why it matters
When a parent requests an independent educational evaluation, the district may file its own case to defend its assessment, and OAH will usually combine it with the parent's case. Using the first-filed case's dates and timeline can work in the parent's favor.
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. 2013100405
v.
SACRAMENTO CITY UNIFIED SCHOOL
DISTRICT,
SACRAMENTO CITY UNIFIED SCHOOL OAH CASE NO. 2013101109
DISTRICT,
v.
ORDER GRANTING MOTION TO
PARENT ON BEHALF OF STUDENT. CONSOLIDATE
On October 10, 2013, Parent on Student’s behalf filed a Request for Due Process Hearing in OAH case number 20100405 (First Case), naming Sacramento City Unified School District (District). On October 30, 2013, District filed a Request for Due Process Hearing in OAH case number 2013101109 (Second Case), naming Parents on Student’s behalf. On October 30, 2013, District also filed a Motion to Consolidate the First Case with the Second Case. OAH did not receive a response from Student to the motion to consolidate.
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, specifically, whether or not District’s September 2013 psycho-educational assessment was appropriate, and, if not, whether Student is entitled to an independent educational evaluation at public expense . Consolidation furthers the interests of judicial economy because at least one of the issues in both cases involves the same facts. Accordingly, consolidation is granted.
ORDER
1. District’s Motion to Consolidate is granted.
2. All dates previously set in OAH Case Number 2010101109 [Second Case] are
vacated.
3. The matter shall proceed on the dates set in OAH Case Number 20100405 [First
Case], unless otherwise ordered, and those dates are confirmed.
4. 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 20100405 [First Case].
Dated: November 6, 2013 /s/
ADRIENNE L. KRIKORIAN
Administrative Law Judge Office of Administrative Hearings