California OAH special education order · May 26, 2017
Order Granting Motion to Consolidate
OAH Case No. 2017040078, 2017050961 · ALJ Charles Marson
OAH granted the parties' joint request to consolidate Student's and Liberty Union's cases. Both cases turn on whether the district's assessments were adequate or whether Student is entitled to independent evaluations.
This case went to decision
Student v. Liberty Union High School District: Liberty Union High School District's manifestation determination upheld; ALJ finds campus fight not caused by ADHD or unimplemented behavior plan. (2017)
Summary
Student filed an amended due process complaint against Liberty Union High School District. On the same day, Liberty Union filed its own case against Student. The parties then jointly asked OAH to consolidate the two cases and follow the schedule in Student's case. OAH granted the request because both cases share common questions about the adequacy of Liberty Union's assessments from April 2015 to March 2017 and Student's right to independent educational evaluations, and consolidation saves time, uses the same witnesses and documents, and avoids inconsistent rulings. OAH vacated the dates in the District's case and ruled that the 45-day decision timeline runs from the filing of Student's amended complaint.
Why it matters
When a district files its own case to defend its assessments after a parent requests independent evaluations, the two cases are usually consolidated. The decision timeline can follow the parent's amended complaint, which keeps the case on the parent's schedule.
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. 2017040078 v.
LIBERTY UNION HIGH SCHOOL
DISTRICT.
LIBERTY UNION HIGH SCHOOL OAH Case No. 2017050961
DISTRICT,
v.
ORDER GRANTING MOTION TO
PARENT ON BEHALF OF STUDENT. CONSOLIDATE
On May 19, 2017, Student filed with the Office of Administrative Hearings an Amended Request for Due Process Hearing in OAH case number 2017040078 (Student’s Case), naming the Liberty Union High School District.
On May 19, 2017, Liberty Union filed a Request for Due Process Hearing in OAH case number 2017050961 (District’s Case), naming Student.
.
On May 23, 2017, the parties filed a Joint Stipulation and Request that the cases be consolidated, and calendared in accordance with the schedule in 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].)
Here, Student’s Case and District’s Case involve common questions of law and fact, specifically, whether Liberty Union’s assessments of Student from April 2015 to March 2017 were adequate, or whether Liberty Union’s speech and language and occupational therapy assessments were inappropriate and entitle Student to independent educational evaluations at Liberty Union’s expense. In addition, consolidation furthers the interests of judicial economy because many of the same witnesses will appear and many of the same documents will be introduced in both actions. Consolidation will also avoid the possibility of inconsistent judgments. Accordingly, consolidation is granted.
ORDER
1. The parties’ Joint Request to Consolidate is granted.
2. All dates previously set in OAH Case Number 2017050961 (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 amended complaint in OAH Case Number 2017040078 (Student’s Case).
IT IS SO ORDERED.
DATE: May 26, 2017
CHARLES MARSON
Administrative Law Judge Office of Administrative Hearings