California OAH special education order · February 15, 2019
Order Granting Motion to Consolidate
OAH Case No. 2019010390, 2019011048 · ALJ Rita Defilippis
OAH granted the parties' joint motion to consolidate Student's and Salinas's due process cases because both involve the common issue of whether a Salinas assessment was sufficient.
This case went to decision
Student v. San Marcos Unified School District (consolidated): San Marcos Unified must reimburse partial Winston School tuition and fund a psychoeducational IEE after a late reassessment. (2019)
Summary
Student and Salinas Union High School District each filed due process complaints and then jointly asked OAH to consolidate them. OAH granted the motion because both cases raise a common question of law or fact: the sufficiency of an assessment conducted by Salinas. Both cases already had the same scheduled dates, so all dates stayed in place. The 45-day decision timeline will run from the filing date of Student's complaint.
Why it matters
When a parent challenges an assessment and the district files its own case to defend that assessment, OAH will usually combine the cases. When the cases are combined, the decision deadline runs from the first-filed complaint, which here was Student's.
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. 2019010390 v.
SALINAS UNION HIGH SCHOOL
DISTRICT,
SALINAS UNION HIGH SCHOOL OAH Case No. 2019011048
DISTRICT,
v.
ORDER GRANTING MOTION TO
PARENT ON BEHALF OF STUDENT. CONSOLIDATE
On January 10, 2019, Student filed with the Office of Administrative Hearings a Request for Due Process Hearing in OAH case number 2019010390 (Student’s Case), naming Salinas Union High School District.
On January 28, 2019, Salinas filed a Request for Due Process Hearing in OAH case number 2019020520 (District’s Case), naming Student.
On February 13, 2019, the parties filed a Joint Motion to Consolidate Student’s Case with District’s Case.
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 District’s Case involve a common question of law or fact.
Student’s case and district’s case each involve the issue of the sufficiency of an assessment conducted by Salinas. Accordingly, consolidation is granted.
ORDER
1. The parties’ Joint Motion to Consolidate is granted.
2. Because the scheduling order for Student’s case and district’s case involve the
same dates, all dates remain as scheduled.
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 2019010390, Student’s case.
IT IS SO ORDERED.
DATE: February 15, 2019
RITA DEFILIPPIS
Administrative Law Judge Office of Administrative Hearings