California OAH special education order · July 7, 2016
Order Granting Motion to Consolidate
OAH Case No. 2016060696, 2016061298 · ALJ Clifford H. Woosley
OAH consolidated District's case defending its speech and language assessment with Student's broader case, because both raise common questions about the same assessment and will use the same witnesses and exhibits.
This case went to decision
Pasadena Unified School District v. Student: Pasadena Unified may not conduct an intensive counseling services assessment without parents' consent; the district's request is denied. (2016)
This case went to decision
Student v. Los Angeles Unified School District (consolidated): Los Angeles Unified owes 69 compensatory hours for skipping a behavior assessment and ending speech services; graduation upheld. (2016)
Summary
District filed its own due process case asking OAH to find its February 2016 speech and language assessment appropriate, so it would not have to fund the independent educational evaluation Parent requested. With that complaint, District moved to consolidate its case with Student's earlier-filed case, which also challenges that assessment among other issues. Student did not oppose. OAH granted the motion because the cases share common questions of law and fact and the same witnesses and exhibits, made Student's case the lead case for the 45-day decision timeline, vacated District's dates, and kept Student's prehearing conference and hearing dates.
Why it matters
When a parent asks for an independent educational evaluation and the district files its own case to defend its assessment, OAH will usually combine that case with the parent's pending case. The parent's earlier filing then sets the timeline and 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. 2016060696 v.
LOS ANGELES UNIFIED SCHOOL
DISTRICT,
LOS ANGELES UNIFIED SCHOOL OAH Case No. 2016061298
DISTRICT,
ORDER GRANTING MOTION TO
v. CONSOLIDATE
PARENT ON BEHALF OF STUDENT.
On June 10, 2016, Parents on behalf of Student filed with the Office of Administrative Hearings a Request for Due Process Hearing in OAH case number 2016060696 (Student’s Case), naming Los Angeles Unified School District. On June 16, 2016, OAH issued a scheduling order, the prehearing conference for July 29, 2016 at 10:00 a.m., and the hearing for August 4, 2016.
On June 28, 2016, District filed a Request for Due Process Hearing in OAH case number 2016060614 (District’s Case), naming Student. OAH scheduled District’s Case for a mediation on July 13, 2016, prehearing conference of July 22, 2016 and a hearing for July 26, 2016.
With its complaint, District filed a Motion to Consolidate Student’s Case with District’s Case. Student did not file opposition to District’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, Student’s Case and District’s Case involve common questions of law and fact.
District’s Case seeks an order finding that District’s speech and language assessment of February 1, 2016 is legally appropriate and, therefore, District is not required to fund an independent educational evaluation, as requested by Parent on behalf of Student. Student’s Case contains many issues, including the appropriateness of District February 2016 speech and language assessment. Also, District and Student will rely upon many of the same witnesses and exhibits; thus, the interests of judicial economy would be served by consolidation.
ORDER
1. District’s Motion to Consolidate is granted.
2. All dates previously set in District’s Case, OAH Case Number 2016061298, 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 in Student’s Case, OAH Case Number 2016060696, which is deemed the lead case.
4. These consolidated actions shall proceed to prehearing conference and hearing on
the dates presently scheduled in Student’s Case.
DATE: July 07, 2016
CLIFFORD H. WOOSLEY
Administrative Law Judge Office of Administrative Hearings