California OAH special education order · February 22, 2019
Order Granting Motion to Consolidate
OAH Case No. 2019020379, 2019020539 · ALJ Rebecca Freie
OAH consolidated Student's and Redondo Beach's due process cases because both turn on whether the district's fall 2018 psychoeducational assessment was legally compliant, and Student did not oppose.
This case went to decision
Student v. Redondo Beach Unified School District (consolidated): Redondo Beach Unified prevails on every issue; its 2018 assessment stands and it owes no independent neuropsychological evaluation. (2019)
Summary
Student filed a due process complaint against Redondo Beach Unified School District. The district then filed its own complaint and moved to consolidate the two cases. Student did not respond. OAH granted the motion because both cases share a common question: whether the district's fall 2018 psychoeducational assessment was procedurally and substantively compliant. Consolidating also saves time, since many of the same witnesses would testify, and it prevents inconsistent rulings. OAH vacated all dates in the district's case and based the 45-day decision timeline on the filing date of Student's amended complaint.
Why it matters
When a district files its own case to defend an assessment that a family is already challenging, OAH will usually combine the cases. The decision timeline can then run from the student's amended complaint, which can change the hearing schedule. Families who object to consolidation need to file an opposition.
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. 2019020379 v.
REDONDO BEACH UNIFIED SCHOOL
DISTRICT,
REDONDO BEACH UNIFIED SCHOOL OAH Case No. 2019020539
DISTRICT,
v. ORDER GRANTING MOTION TO
CONSOLIDATE
PARENT ON BEHALF OF STUDENT.
On February 8, 2019, Student filed a request for due process hearing (complaint) with the Office of Administrative Hearings, naming Redondo Beach Unified School District, and the matter was assigned OAH Case Number 2019020379 (Student’s Case). On February 14, 2019, Redondo Beach filed its own complaint with OAH, and it was assigned OAH Case Number 2019020539 (District’s Case).
On February 21, 2019, OAH granted Student’s request to file an amended complaint.
When Redondo Beach filed its own complaint (District’s Case) on February 14, 2019, it also filed a motion to consolidate both cases. Student did not file a response to the motion to consolidate.
APPLICABLE LAW
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].)
DISCUSSION
Here, Student’s Case and District’s Case involve a common question of law or fact, specifically, whether Redondo Beach’s psychoeducational assessment completed in the fall of 2018, was legally compliant, both procedurally and substantively. Student did not respond to the motion to consolidate. In addition, consolidation furthers the interests of judicial economy because many of the same witnesses would be called in both case, and consolidation would prevent inconsistent rulings. Accordingly, consolidation is granted.
ORDER
1. Redondo Beach’s Motion to Consolidate is granted.
2. All dates previously set in OAH Case Number 2019020539 (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 amended complaint in OAH Case Number 2019020379 (Student’s Case).
IT IS SO ORDERED.
DATE: February 22, 2019
REBECCA FREIE
Administrative Law Judge Office of Administrative Hearings