California OAH special education order · September 15, 2015
Order Granting Motion to Consolidate and Continue Hearing
OAH Case No. 2015090427, 2015080079 · ALJ Judith Pasewark
OAH consolidated Student's case with District's earlier-filed case over District's objection, finding common questions about independent evaluations and FAPE, shared witnesses and evidence, and judicial economy.
Summary
Student moved to consolidate Student's due process case with District's earlier-filed case and to vacate the hearing date in District's case. District objected that Student's first three issues repeated District's issues and that Student's fourth issue shared no common facts or law with District's case. OAH granted the motion. It found that both cases turned on whether Student was entitled to independent educational evaluations at District expense, that Student sought remedies not available in District's case alone, that Student's FAPE issues were tied to the assessment issues, and that the cases involved the same witnesses and evidence. Student's case became the primary case, all dates in District's case were vacated, and the 45-day decision timeline runs from the filing of Student's complaint.
Why it matters
When a district files first to defend its assessment, a parent can file a cross-complaint seeking broader relief and move to consolidate. OAH may combine the cases even if some issues overlap, and making the parent's case primary resets the hearing schedule and decision timeline.
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. 2015090427 (Primary Case)
v.
COLTON JOINT UNIFIED SCHOOL
DISTRICT,
COLTON JOINT UNIFIED SCHOOL OAH Case No. 2015080079
DISTRICT,
ORDER GRANTING MOTION TO
v. CONSOLIDATE AND CONTINUE
HEARING
PARENT ON BEHALF OF STUDENT.
On August 4, 2015, Colton Unified School District filed a Request for Due Process Hearing in OAH Case Number 2015080079 (District’s Case), naming Student.
On September 4, 2015, Student filed a Request for Due Process Hearing in OAH Case Number 2015090427 (Student’s Case), naming District.
On September 4, 2015, Student filed a Motion to Consolidate District’s Case with Student’s Case and vacate the due process hearing date set in OAH Case Number 2015080079 (District’s Case).
On September 9, 2015, District filed an objection to consolidation on the ground that Student’s Issues One through Three are a reiteration of District’s issues, and Student’s Issue Four has no common facts or law with District’s case.
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, both cases involve a common question of law and fact. Specifically, Student’s Issues One through Three involve the question of whether Student is entitled to independent educational evaluations at District expense. Student is requesting remedies which cannot be granted in District’s case alone. Additionally, Student’s Issues Three and Four involve questions of denial of a free appropriate public education which are related to the assessment issues raised by both parties. Further, both cases involve the same witnesses and evidence.
Consolidation would further the interests of judicial economy.
ORDER
1. Student’s Motion to Consolidate is granted.
2. All dates previously set in OAH Case Number 2015080079 (District’s Case) are
vacated.
3. Student’s Case is the primary case. OAH shall issue a Scheduling Order and
Notice of Due Process Hearing under OAH Case No. 2015090427. 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 No. 2015090427 (Student’s Case).
DATE: September 15, 2015
/S/
JUDITH PASEWARK
Administrative Law Judge Office of Administrative Hearings