California OAH special education order · June 10, 2015
Order Granting Motion to Consolidate
OAH Case No. 2015040167, 2015050907 · ALJ Peter Paul Castillo
OAH consolidated Student's and District's cases because both turn on whether District's speech and language assessment was adequate and whether Parents are entitled to an independent assessment.
This case went to decision
Student v. Tehachapi Unified School District (consolidated): Tehachapi Unified must fund a speech-language IEE; Student's claims over behavior assessments, aide support and autism therapies denied. (2015)
Summary
District asked OAH to combine its own due process case with Student's earlier-filed case, and Student did not respond. OAH granted the motion because the cases share common questions of law and fact about the adequacy of District's speech and language assessment and Parents' right to an independent assessment. Consolidation also saves time because the cases involve the same documents and witnesses. Dates in District's case were vacated. The 45-day decision timeline runs from Student's complaint, and Student's hearing dates stay in place.
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 parent's case. The timeline is usually keyed to the earlier-filed parent case, so parents keep their existing hearing dates.
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. 2015040167 v.
TEHACHAPI UNIFIED SCHOOL
DISTRICT,
TEHACHAPI UNIFIED SCHOOL OAH Case No. 2015050907
DISTRICT,
ORDER GRANTING MOTION TO
v. CONSOLIDATE
PARENT ON BEHALF OF STUDENT.
On March 28, 2015, Student filed an amended Request for Due Process Hearing with the Office of Administrative Hearings in OAH case number 2015040167 (Student’s Case), naming Tehachapi Unified School District. On May 1, 2015, OAH reset the timelines in this matter. On June 5, 2015, OAH granted the parties’ continuance request.
On May 22, 2015, District filed a Request for Due Process Hearing in OAH case number 2015050529 (District’s Case), naming Student.
On May 29, 2015, District filed a Motion to Consolidate Student’s Case with District’s Case. OAH received no response from Student.
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, the First Case and Second Case involve a common question of law or fact, specifically, regarding the adequacy of District’s speech and language assessment and Parents’ right to an independent assessment. In addition, consolidation furthers the interests of judicial economy because of the commonality of legal and factual issues, documentary evidence and witnesses. Accordingly, consolidation is granted.
ORDER
1. District’s Motion to Consolidate is granted.
2. All dates previously set in OAH Case Number 2015050907 [District’s 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 2015040167 [Student’s Case], and all dates remain on calendar for Student’s Case.
DATE: June 10, 2015
/S/
PETER PAUL CASTILLO
Presiding Administrative Law Judge Office of Administrative Hearings