California OAH special education order · September 6, 2018
Order Granting Motion to Consolidate
OAH Case No. 2018070108, 2018081019 · ALJ Linda Johnson
OAH consolidated Student's and Temecula's due process cases because both turn on the appropriateness of Student's November 2017 assessments, and Student did not object; Student's hearing dates and timeline were kept.
This case went to decision
Student v. Temecula Valley Unified School District (consolidated): Temecula Valley Unified improperly exited a student from special education and must reimburse $13,350 for an IEE and private school. (2018)
Summary
Temecula filed its own due process case and asked OAH to combine it with Student's earlier-filed case and keep the hearing dates already set in Student's case. Student did not object. OAH granted the motion because both cases share a common question about whether Student's November 2017 assessments were appropriate, and combining them saves time since the same witnesses and evidence would be used. The September 17, 2018 prehearing conference and the September 25 to 27, 2018 hearing dates were kept, and the decision deadline runs from the filing date of Student's case.
Why it matters
When a district files its own case defending its assessments after a parent has filed, OAH will usually combine the two cases into one hearing. The decision deadline stays tied to the parent's earlier filing date, so the parent's case is not delayed.
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. 2018070108 v.
TEMECULA VALLEY UNIFIED SCHOOL
DISTRICT,
TEMECULA VALLEY UNIFIED SCHOOL OAH Case No. 2018081019
DISTRICT,
ORDER GRANTING MOTION TO
v. CONSOLIDATE
PARENT ON BEHALF OF STUDENT.
On June 29, 2018, Student filed with the Office of Administrative Hearings a Request for Due Process Hearing in OAH case number 2018070108 (Student’s Case), naming Temecula Valley Unified School District. On July 27, 2018, OAH granted the parties continuance request and set a prehearing conference on September 17, 2018, and a due process hearing commencing on September 25, 2018.
On August 24, 2018, Temecula filed a Request for Due Process Hearing in OAH case number 2018081019 (Temecula’s Case), naming Student.
On August 24, 2018, Temecula filed a Motion to Consolidate Temecula’s Case with Student’s Case and to maintain the due process hearing dates set in Case Number 2018070108, Student’s Case.
Student does not object 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 Temecula’s Case involve a common question of law or fact, specifically, the appropriateness of Student’s November 2017 assessments. Student does not oppose the motion. In addition, consolidation furthers the interests of judicial economy because many of the same witnesses would testify at both hearings and much of the same evidence would be presented. Accordingly, consolidation is granted.
ORDER
1. Temecula’s Motion to Consolidate is granted.
2. All dates previously set in OAH Case Number 2018081019, Temecula’s Case, are
vacated.
3. The Prehearing Conference in the consolidated cases shall be held on
September 17, 2018, at 10:00 a.m. and the Due Process Hearing in the consolidated cases shall be held on September 25, 26, and 27, 2018, at 9:30 a.m.
on the first day, and continuing day to day, Monday through Thursday, as needed at the discretion of the Administrative Law Judge.
4. 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 2018070108, Student’s Case.
DATE: September 6, 2018
LINDA JOHNSON
Administrative Law Judge Office of Administrative Hearings