California OAH special education order · December 9, 2013
Order Granting Motion to Consolidate
OAH Case No. 2013100534, 2013110827 · ALJ Judith Pasewark
OAH consolidated Student's two cases over Student's objection. Both cases were directed at the District, the non-public school placement came through Student's District IEP, and the cases shared issues, parties, and witnesses.
This case went to decision
Student v. Oakland Unified School District: Oakland Unified must fund three IEEs and 25 compensatory hours; Student wins three issues plus late-van claim, Oakland the rest. (2014)
Summary
The District moved to consolidate Student's first due process case against the District with a second case that named both the District and Tobin World II, a non-public school. Student objected that the second case was mainly against Tobin World II and that Student could not wait until February for a hearing. OAH granted consolidation because both cases were directed at the District, Tobin World II's placement was made under Student's District IEP, and combining them would save time. The first case's dates stayed in place, the second case's dates were vacated, and the 45-day decision timeline runs from the first case's filing date.
Why it matters
Naming a non-public school in a separate complaint will not by itself keep that case apart from an earlier case against the district when the placement flows from the district's IEP. Families should expect related filings to be combined and to follow the earlier case's schedule.
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. 2013100534
(PRIMARY)
v.
OAKLAND UNIFIED SCHOOL DISTRICT,
PARENT ON BEHALF OF STUDENT, OAH CASE NO. 2013110827
(SECONDARY)
v.
OAKLAND UNIFIED SCHOOL DISTRICT ORDER GRANTING MOTION TO
AND TOBIN WORLD II. CONSOLIDATE
On October 11, 2013, Parent on behalf of Student (Student) filed a Request for Due Process Hearing in OAH Case Number 2013100534 (First Case), naming Oakland Unified School District (District).
On November 22, 2013, Student filed a second Request for Due Process Hearing in OAH Case Number 2013110827 (Second Case), naming the District and Tobin World II, a non-public school.
On December 4, 2013, the District filed a Motion to Consolidate the First Case with the Second Case.
On December 5, 2013, Student filed an objection to consolidation on the ground that OAH Case No. 2013110827 (second case) is primarily against Tobin World II, and Student cannot wait until February for hearing
APPLICABLE LAW
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; both cases are directed against the District. While Student has named Tobin World II as a party, the non-public placement is pursuant to Student’s IEP through the District. In addition, consolidation furthers the interests of judicial economy because each case involves the same issues, parties, and witnesses. Accordingly, consolidation is granted.
ORDER
1. The District’s Motion to Consolidate is granted.
2. OAH Case Number 2013100534 is deemed the primary case. All dates previously
set in OAH Case Number 201310054 (PRIMARY) shall remain as scheduled. All dates set under OAH Case No. 2013110827 (SECONDARY) 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 OAH Case Number 2013100534
(PRIMARY).
Dated: December 09, 2013 /s/
JUDITH PASEWARK
Administrative Law Judge Office of Administrative Hearings