California OAH special education order · May 21, 2015
Order Granting Motion to Consolidate
OAH Case No. 2015050689, 2015020617 · ALJ Paul H. Kamoroff
OAH granted Student's unopposed motion to consolidate Student's case with District's earlier-filed case because both involve common questions about Student's educational needs and program.
This case went to decision
Student v. East Whittier City School District (consolidated): East Whittier City School District's preschool assessment upheld; no IEE, and IEP properly addressed hearing-loss needs. (2015)
Summary
District filed a due process complaint in February 2015, and Student filed a separate complaint in May 2015 along with a motion to consolidate the two cases. District did not oppose. OAH granted consolidation because the cases share common questions of law or fact about Student's educational needs and program. Student's case was made the primary case. The hearing dates and 45-day decision timeline now run from Student's filing, and the dates in District's case were vacated.
Why it matters
When a district files first, a parent can file their own complaint and ask to consolidate. This can make the parent's case the primary one, so the hearing dates and decision timeline follow the parent's filing.
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:
PARENTS ON BEHALF OF STUDENT, OAH Case No. 2015050689 v.
EAST WHITTIER CITY SCHOOL
DISTRICT,
EAST WHITTIER CITY SCHOOL OAH Case No. 2015020617
DISTRICT,
ORDER GRANTING MOTION TO
v. CONSOLIDATE
PARENTS ON BEHALF OF STUDENT.
On February 11, 2015, the East Whittier City School District filed a Request for Due Process Hearing in Office of Administrative Hearing case number 2015020617 (District’s Case), naming Parents on behalf of Student.
On May 19, 2015, Student filed a Request for Due Process Hearing in OAH case number 2015050689 (Student’s Case), naming District.
Also on May 19, 2015, Student filed a Motion to Consolidate District’s Case with Student’s Case. No opposition was received from District.
Request for 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, District’s Case and Student’s Case involve a common question of law or fact, including similar questions related to Student’s education needs and program. Accordingly, consolidation is granted.
ORDER
1. Student’s Motion to Consolidate is granted, and Student’s case, OAH case number
2015050689, is designated as the primary case.
2. All dates previously set in OAH case number 2015020617 (District’s Case) are
vacated.
3. The consolidated cases shall now be heard on the dates currently set in OAH case
number 2015050689 (Student’s Case), unless otherwise ordered.
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 2015050689 (Student’s Case).
DATE: May 21, 2015
/S/
PAUL H. KAMOROFF
Administrative Law Judge Office of Administrative Hearings