California OAH special education order · July 28, 2017
Order Granting Motion to Consolidate
OAH Case No. 2017040093, 2017070529 · ALJ Kara Hatfield
OAH granted Student's motion to consolidate Student's case with Snowline's case over Antelope Valley's opposition, because both cases ask whether Snowline's spring 2017 assessments were appropriate.
Summary
Student moved to consolidate Student's due process case against Snowline and Antelope Valley with Snowline's later-filed case against Student. Student also asked to align the hearing dates. Antelope Valley opposed, and Snowline did not respond. OAH granted the motion because both cases share a common question: whether the psychoeducational, speech and language, and occupational therapy assessments Snowline conducted in spring 2017, and reviewed at the June 6, 2017 IEP meeting, were appropriate. OAH vacated the dates in Snowline's case, set the consolidated matter on the dates already set for the non-expedited part of Student's case, and based the decision timeline on the filing date of Student's complaint.
Why it matters
When a district files its own case to defend its assessments while a parent's case already challenges those same assessments, OAH will usually combine the two, even if a co-respondent district objects. Consolidation keeps the parent's existing hearing dates 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. 2017040093 v.
SNOWLINE JOINT UNIFIED SCHOOL
DISTRICT AND ANTELOPE VALLEY
UNION HIGH SCHOOL DISTRICT,
SNOWLINE JOINT UNIFIED SCHOOL OAH Case No. 2017070529
DISTRICT,
ORDER GRANTING MOTION TO
v. CONSOLIDATE
PARENT ON BEHALF OF STUDENT.
On June 30, 2017, Student filed with the Office of Administrative Hearings a Third Amended Request for Due Process Hearing in OAH Case Number 2017040093 (Student’s Case), naming Snowline Joint Unified School District and Antelope Valley Union High School District.
On July 12, 2017, Snowline filed a Request for Due Process Hearing in OAH Case Number 2017070529 (Snowline’s Case), naming Student.
On July 25, 2017, Student filed a Motion to Consolidate Student’s Case with Snowline’s Case and to continue the due process hearing date set in Snowline’s Case to align with the due process hearing date set in Student’s Case.
On July 28, 2017, Antelope Valley filed an opposition to the consolidation request.
Snowline has not filed a response to the motion.
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 Snowline’s Case involve a common question of law or fact, specifically, whether the psychoeducational, language and speech, and occupational therapy assessments Snowline conducted in spring 2017 and reviewed at the June 6, 2017 IEP team meeting were appropriate. Accordingly, consolidation is granted.
ORDER
1. Student’s Motion to Consolidate is granted.
2. All dates previously set in OAH Case Number 2017070529 (Snowline’s Case) are
vacated. The telephonic prehearing conference and due process hearing shall be held on the dates and times currently set for the non-expedited portion of OAH Case Number 2017040093 (Student’s Case).
3. The 45-day timeline for issuance of the decision in the non-expedited portion of
the consolidated cases shall be based on the date of the filing of the complaint in OAH Case Number 2017040093 (Student’s Case).
IT IS SO ORDERED.
DATE: July 28, 2017
KARA HATFIELD
Administrative Law Judge Office of Administrative Hearings