California OAH special education order · October 22, 2018

Order Granting Motion to Consolidate

OAH Case No. 2018060459, 2018100624 · ALJ Sabrina Kong

OAH consolidated Student's and Los Angeles's due process cases because both involve the same fall 2017 psycho-educational, assistive technology, and occupational therapy assessments, with common witnesses and evidence.

Granted Consolidation

This case went to decision

Student v. Los Angeles Unified School District (consolidated): Los Angeles Unified prevails on assessment, dyslexia, ESY, and IEP-timing claims; psychoeducational IEE issue dismissed under prior settlement. (2019)

Summary

Los Angeles filed its own due process case about the appropriateness of Student's assessments and moved to consolidate it with Student's earlier case. Los Angeles agreed to keep the hearing dates already set in Student's case, and Student did not oppose. OAH granted consolidation because both cases involve the same three assessments, the same parties, common witnesses and documents, and one ALJ hearing both serves judicial economy. Student's case is the primary case, and its filing date controls the 45-day decision timeline.

Why it matters

When a district files its own case to defend assessments that a parent is already challenging, OAH will usually combine the cases. Making Student's case primary kept the parent's hearing dates and decision timeline in place.

Key authority cited

  • Gov. Code, § 11507.3, subd. (a)
  • Code Civ. Proc., § 1048, subd. (a)

Topics

consolidation assessments assistive technology occupational therapy psychoeducational assessment judicial economy

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. 2018060459 v.

LOS ANGELES UNIFIED SCHOOL

DISTRICT,

LOS ANGELES UNIFIED SCHOOL OAH Case No. 2018100624

DISTRICT,

ORDER GRANTING MOTION TO

v. CONSOLIDATE

PARENT ON BEHALF OF STUDENT.

On June 11, 2017, Student filed a due process hearing request in this matter with OAH in case number 2018060459 (Student’s Case) naming the Los Angeles Unified School District. Upon finding good cause, OAH continued the hearing on July 23, 2018 and October 5, 2018. On October 15, 2018, Los Angeles filed a due process hearing request with OAH in case number 2018100624 (Los Angeles’s Case), naming Student; and a motion to consolidate Student’s and Los Angeles’s cases. Los Angeles did not seek a hearing continuance with the consolidation and, if the cases were consolidated, Los Angeles agreed they would be heard on the hearing same dates as currently set in Student’s Case. Student did not file an opposition to Los Angeles’s consolidation 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].)

Student’s Case alleged that Los Angeles failed to appropriately conduct psycho- educational, assistive technology, and occupational therapy assessments; failed to offer extended school year services; and failed to timely hold an individualized education program team meeting. District’s Case involved the appropriateness of those same assessments.

Because both cases involve the same three assessments in the fall of 2017, testimony would involve a common question of fact; common witnesses testifying such as Parents as well as Los Angeles’s witnesses; and the same documentary evidence. Consolidation furthers the interests of judicial economy because one ALJ will hear both cases. Accordingly, consolidation is granted.

ORDER

1. District’s motion to consolidate is granted.

2. All dates previously set in OAH Case Number 2018100624, 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 2018060459, 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: October 29, 2018, at 10:00 a.m.

Due process hearing: November 6, 7, and 8, 2018 continuing day to day, Monday through Thursday, at the discretion of the ALJ. The hearing shall take place at OAH’s office located at 15350 Sherman Way, Suite 300, Van Nuys, CA 91406. 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: October 22, 2018

SABRINA KONG

Administrative Law Judge Office of Administrative Hearings