California OAH special education order · June 5, 2017
Order Granting Motion to Consolidate
OAH Case No. 2017040003, 2017050705 · ALJ Tara Doss
OAH consolidated District's IEE and assessment-without-consent case with Student's assessment case. Both involve common questions of law and fact and the same witnesses, and Student's hearing dates will control.
This case went to decision
Student v. Escondido Union School District (consolidated): Escondido Union prevails on all claims over behavior-emergency IEP meetings and delayed mental health and autism assessments. (2017)
This case went to decision
Student v. Escondido Union School District: Escondido Union must reimburse $3,500 for an independent psychoeducational evaluation after a federal court found a delayed autism assessment; training denied. (2019)
Summary
District moved to consolidate its due process case with Student's earlier-filed case. District's case asked whether Student was entitled to independent educational evaluations at public expense and whether District could assess without parental consent. Student did not oppose but asked that the hearing dates in Student's case be used. OAH granted consolidation because the cases share common questions of law and fact, parties, witnesses, and exhibits, and one hearing serves judicial economy. Student's case was made the primary case, its dates govern, and the 45-day decision timeline runs from the filing of Student's amended complaint.
Why it matters
When a district files its own case after a parent's case, the parent's case can be made the primary case so its hearing dates and timeline control. Parents can ask for this when they respond to a consolidation motion.
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. 2017040003 v.
ESCONDIDO UNION SCHOOL DISTRICT,
ESCONDIDO UNION SCHOOL DISTRICT, OAH Case No. 2017050705 v.
PARENT ON BEHALF OF STUDENT. ORDER GRANTING MOTION TO
CONSOLIDATE
On March 28, 2017, Student filed with the Office of Administrative Hearings a Request for Due Process Hearing in OAH case number 2017040003 (Student’s Case), naming Escondido Union School District. On April 27, 2017, OAH granted Student’s Motion to Amend the complaint.
On May 15, 2017, District filed a Request for Due Process Hearing with OAH in OAH case number 2017050705 (District’s Case), naming Student.
On May 31, 2017, District filed a Motion to Consolidate District’s Case with Student’s Case On June 2, 2017, Student filed a non-opposition to District’s Motion to Consolidate but requested that the hearing dates in the consolidated matter be set to the dates assigned to Student’s Case.
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].)
Student’s amended complaint contains seven issues, including whether District assessed Student in all areas of suspected disability during the 2016-2017 school year and whether District timely assessed Student in all areas of suspected disability following a December 5, 2016 individualized education program meeting. District’s complaint contains two issues, including whether Student is entitled to independent educational evaluations at public expense and whether District may assess Student without parental consent pursuant to an April 4, 2017 assessment plan. These issues are likely to involve common questions of law and fact; and the same witnesses and exhibits. Additionally, it is in the interests of judicial economy for OAH to adjudicate the parties’ issues in one due process hearing.
Accordingly, consolidation is granted.
ORDER
1. District’s Motion to Consolidate is granted.
2. All dates previously set in District’s Case, OAH case number 2017050705 are
vacated.
3. Student’s Case, OAH case number 2017040003 shall be the primary case in the
consolidated matters. All future documents shall be filed in Student’s Case.
4. All mediation, prehearing conference, and due process hearing dates for the
consolidated matters shall be as scheduled in Student’s Case.
5. The 45-day timeline for issuance of the decision in the consolidated matters shall
be based on the date of the filing of the amended complaint in Student’s Case, OAH case number 2017040003.
DATE: June 5, 2017
TARA DOSS
Administrative Law Judge Office of Administrative Hearings