California OAH special education order · November 24, 2014
Order Granting Motion to Consolidate
OAH Case No. 2014110630, 2014080827 · ALJ Robert Helfand
OAH consolidated Student's case with Westminster's earlier case because both challenge the District's June 6, 2014 multidisciplinary assessment, the District did not oppose, and the same witnesses will testify.
This case went to decision
Student v. Westminster School District (consolidated): Westminster School District wins all issues; its psychoeducational assessment is upheld and no IEE, extra instruction, or books on tape ordered. (2015)
Summary
Student asked OAH to combine Student's November 2014 due process case with Westminster's August 2014 case and to continue the hearing date in the District's case. Westminster filed a statement of non-opposition. OAH granted consolidation because both cases share a common question about the appropriateness of the District's June 6, 2014 multidisciplinary assessment and would use the same witnesses. Student's case became the primary case, the dates in the District's case were vacated, and the 45-day decision timeline now runs from the filing of Student's complaint.
Why it matters
When a district files first to defend its assessment, a parent can file their own complaint and ask to consolidate. The parent's case can then become the primary case, which resets the timeline and lets both sides' issues be heard together.
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. 2014110630 v.
WESTMINSTER SCHOOL DISTRICT,
WESTMINSTER SCHOOL DISTRICT, OAH Case No. 2014080827 v.
PARENT ON BEHALF OF STUDENT. ORDER GRANTING MOTION TO
CONSOLIDATE
On August 25, 2014, the Westminster School District filed with the Office of Administrative Hearings a Request for Due Process Hearing in OAH case number 2014080827 (First Case), naming Parent on behalf of Student as respondent.
On November 14, 2014, Student filed with OAH a Request for Due Process Hearing in OAH case number 2014110630 (Second Case), naming Westminster as respondent.
On November 17, 2014, Student filed with OAH a Motion to Consolidate the First Case with the Second Case and to continue the due process hearing date set in Case Number 2014080827 (First Case).
On November 20, 2014, Westminster filed a statement of non-opposition to Student’s motion to consolidate.
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, specifically, the appropriateness of the District’s June 6, 2014 multidisciplinary assessment.
Westminster does not oppose the motion. In addition, consolidation furthers the interests of judicial economy because the same witnesses will be required in both cases. Accordingly, consolidation is granted.
ORDER
1. Student’s Motion to Consolidate is granted. OAH Case Number 2014110630
[Second Case] is designated the primary case.
2. All dates previously set in OAH Case Number 2014080827 [First 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 complaint in OAH Case Number 2014110630 [Second Case].
4. The consolidated case will proceed pursuant to the Scheduling order dated
November 19, 2014 in OAH Case Number 2014110630 [Second Case].
DATE: November 24, 2014
/ S/
ROBERT HELFAND
Administrative Law Judge Office of Administrative Hearings