California OAH special education order · January 2, 2018
Order Following Prehearing Conference and Granting Motion to Consolidate
OAH Case No. 2017120979, 2017120261 · ALJ Ted Mann
OAH consolidated District's and Student's due process cases over District's refusal to pay for an independent educational evaluation, finding common questions and shared witnesses, with District not opposing.
This case went to decision
Student v. Alta Loma School District: Alta Loma School District's 84-day delay in filing over a visual processing IEE denied FAPE; only a staff memo ordered. (2019)
Summary
Student moved to consolidate District's case with Student's later-filed case. Both cases concern District's denial of payment for Student's independent educational evaluation (IEE) and whether that denial denied Student a free appropriate public education. District filed a non-opposition, and the parties jointly asked for consolidation at the prehearing conference. OAH granted the motion because the cases share common questions of law and fact and many of the same witnesses and exhibits. It vacated District's case dates, quashed subpoenas issued in District's case, set hearing dates using Student's schedule, and made Student's case the primary case for the 45-day decision timeline.
Why it matters
When a district files to defend its refusal to fund an IEE and the parent files their own case, the two are usually combined into one hearing. The parent's case can become the primary case that controls the hearing dates and decision timeline, and subpoenas issued in the district's case are quashed, so they may need to be reissued.
Key authority cited
- Gov. Code, § 11507.3, subd. (a)
- Code Civ. Proc., § 1048, subd. (a)
People named in the order
- Ted Mann, Administrative Law Judge
- Maryam Rastegar, Attorney for District
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. 2017120979 v.
ALTA LOMA SCHOOL DISTRICT,
ALTA LOMA SCHOOL DISTRICT, OAH Case No. 2017120261 v.
PARENT ON BEHALF OF STUDENT. ORDER FOLLOWING PREHEARING
CONFERENCE AND GRANTING
MOTION TO CONSOLIDATE
On December 5, 2017, District filed with the Office of Administrative Hearings a Request for Due Process Hearing in OAH case number 2017120261 (District’s Case), naming Student.
On December 26, 2017, Student filed a Request for Due Process Hearing in OAH case number 2017120979 (Student’s Case), naming Alta Loma School District.
On December 28, 2017, Student filed a Motion to Consolidate District’s Case with Student’s Case. District filed a non-opposition to Student’s Motion to Consolidate on December 28, 2017.
On Friday, December 29, 2017, a telephonic prehearing conference was held before Administrative Law Judge (ALJ) Ted Mann. Maryam Rastegar, Attorney at Law, appeared on behalf of District. Student’s mother appeared on behalf of Student. The parties jointly requested a consolidation of District’s Case with Student’s Case. The PHC was recorded.
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, District’s Case and Student’s Case involve common questions of law or fact, specifically, District’s denial of the cost of Student’s independent educational evaluation and whether that denial constitutes a denial of a free appropriate public education to Student. In addition, consolidation furthers the interests of judicial economy because many witnesses and exhibits will be common to both cases. District does not oppose the motion.
Accordingly, consolidation is granted.
ORDER
1. District’s Motion to Consolidate is granted.
2. All dates previously set in OAH Case Number 2017120261 (District’s Case) are
vacated. All subpoenas previously issued in District’s case are quashed. The consolidated cases shall proceed using the dates previously noticed for Student’s case and thus the Prehearing Conference in the consolidated cases shall be held on Monday, February 12, 2018, at 10:00 a.m., and the Due Process Hearing in the consolidated cases shall be held beginning on Tuesday, February 20, 2018, at 1:30 p.m., and continuing day to day, Monday through Thursday, as needed at the discretion of the Administrative Law Judge.
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 complaint in OAH case number 2017120979 (Student’s Case), which is designated the primary case.
IT IS SO ORDERED.
DATE: January 2, 2018
TED MANN
Administrative Law Judge Office of Administrative Hearings