California OAH special education order · May 16, 2018
Order Granting Motion to Consolidate
OAH Case No. 2018050081, 2018041231 · ALJ Sabrina Kong
OAH granted District's opposed motion to consolidate because both cases involve the same 2018 reading assessment and 2017-2018 school year, with common witnesses and documents.
Summary
District moved to consolidate its due process case about the appropriateness of its 2018 reading academic achievement assessment with Student's later-filed case. Student opposed, arguing the issues were different and District's case should go to hearing separately on May 17, 2018. OAH found that Student's case raises the same reading assessment issue, plus a claim that District denied a free appropriate public education for 2017-2018, so the cases share common facts, witnesses, and documents. OAH granted consolidation, vacated District's dates, made Student's case the primary case, and set the 45-day timeline and hearing dates based on Student's case.
Why it matters
When a parent's complaint challenges the same assessment a district is defending, OAH will likely combine the cases even over objection. This can delay the district's assessment hearing and fold it into the parent's broader FAPE case.
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. 2018050081 v.
MONROVIA UNIFIED SCHOOL
DISTRICT,
MONROVIA UNIFIED SCHOOL OAH Case No. 2018041231
DISTRICT,
ORDER GRANTING MOTION TO
v. CONSOLIDATE
PARENT ON BEHALF OF STUDENT.
On April 26, 2018, Monrovia Unified School District filed a due process hearing request in this matter with OAH in case number 2018041231 (District’s Case) naming the Student. On May 2, 2018, Student filed a due process hearing request with OAH in case number 2018050081 (Student’s Case), naming District. On May 9, 2018, District filed a motion to consolidate Student’s and District’s cases. On May 14, 2018, Student filed an opposition to District’s consolidation motion on the basis that the issue in District’s Case is different from the issues in Student’s case. Therefore, the District’s case should proceed to hearing on May 17, 2018, separately from Student’s Case.. The hearing in Student’s Case is set for June 26, 2018.
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].)
District’s Case involved one issue: whether its 2018 reading academic achievement assessment was appropriate. Despite Student’s contentention, Student’s Case involves the same reading assessment issue, as well as an additional issue of whether District denied Student a free appropriate public education for the 2017-2018 school year. Because both cases involve the 2017-2018 school year, testimony would involve a common question of fact; common witnesses testifying such as Parents as well as District’s witnesses; and the same documentary evidence. Consolidation furthers the interests of judicial economy because one ALJ will hear both cases, which involves the same documentary evidence and the same witnesses, at least, with respect to the 2017-2018 school year, and specifically the reading assessment. Accordingly, consolidation is granted.
ORDER
1. District’s motion to consolidate is granted.
2. All dates previously set in OAH Case Number 2018041231, 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 complaint in OAH Case Number 2018050081, Student’s Case.
4. The prehearing conference, and due process hearing dates, will be according to
the Student’s Case which are as follows:
Prehearing conference: June 18, 2018, at 3:00 p.m.
Due process hearing: June 26, and 27, 2018 continuing day to day, Monday through Thursday, at the discretion of the ALJ. The hearing shall take place at District’s office located at 325 E. Huntington Dr., Monrovia, CA 91016. The hearing shall begin at 9:30 a.m. and end at 5:00 p.m. on the first day of the hearing and shall begin at 9:00 a.m. all other days, and end at 4:30 p.m., unless otherwise ordered. The hearing shall continue day to day thereafter, Monday through Thursday, at the discretion of the ALJ.
5. The primary case shall be Student’s Case, and the parties shall use the
consolidated caption for all filings after this date.
IT IS SO ORDERED.
DATE: May 16, 2018
SABRINA KONG
Administrative Law Judge Office of Administrative Hearings