California OAH special education order · June 21, 2018
Order Granting Charter's Motion to Consolidate
OAH Case No. 2018031003, 2018060667 · ALJ Darrell Lepkowsky
OAH consolidated Charter's case with Student's case because both challenge Charter's assessments and its February 9, 2018 IEP offer, involve the same parties and witnesses, and one hearing avoids conflicting decisions.
This case went to decision
Student v. Springs Charter Schools, also known as River Springs Charter School (consolidated): River Springs Charter must provide 128 hours of compensatory instruction, but its offer of placement at Flabob Academy is upheld as FAPE. (2019)
Summary
Charter filed its own due process complaint against Student and asked OAH to consolidate it with Student's pending case, which challenges Charter's assessments and its February 9, 2018 IEP. Student did not respond to the motion. OAH granted consolidation because the cases share common questions of law and fact, the same parties, and likely the same witnesses and exhibits. Combining them saves time and avoids inconsistent rulings. Student's case was made the primary case, and the 45-day decision timeline runs from the filing date of Student's complaint.
Why it matters
When a district files its own complaint over the same assessments or IEP, OAH will usually combine it with the parent's case. Because the parent's case was filed first, it became the primary case and controls the 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:
PARENTS ON BEHALF OF STUDENT, OAH Case No. 2018031003 v.
SPRINGS CHARTER SCHOOLS AKA
RIVER SPRINGS CHARTER SCHOOL,
SPRINGS CHARTER SCHOOLS AKA OAH Case No. 2018060667
RIVER SPRINGS CHARTER SCHOOL,
v.
ORDER GRANTING CHARTER’S
PARENTS ON BEHALF OF STUDENT. MOTION TO CONSOLIDATE
On May 29, 2018, the Office of Administrative Hearings granted Student’s motion to file a second amended request for due process hearing (amended complaint) in OAH case number 2018031003 (Student’s case), which named Springs Charter Schools, AKA River Springs Charter School. On June 13, 2018, Charter filed a complaint in OAH case number 2018060667 (Charter’s case) naming Student. On June 13, 2018, Charter also filed a motion to consolidate its case with that of Student. Student has not filed a response to Charter’s motion.
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 Charter’s case put at issue the validity of Charter’s assessments of Student and of whether Charter’s proposed February 9, 2018 individualized education program offers Student a free appropriate public education in the least restrictive environment. The cases will likely involve similar witnesses and exhibits. Consolidation of the two cases therefore serves the interests of judicial economy by avoiding the necessity of two hearings with potentially conflicting decisions. Charter’s motion to consolidate is therefore granted.
ORDER
1. Charter’s Motion to Consolidate is granted.
2. All dates previously set in OAH Case Number 2018060667 [Charter’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 complaint in OAH Case Number 2018031003 [Student’s case].
4. Student’s case is designated the primary case.
DATE: June 21, 2018
DARRELL LEPKOWSKY
Administrative Law Judge Office of Administrative Hearings