California OAH special education order · June 27, 2019
Order Granting Motion to Consolidate
OAH Case No. 2019060146, 2019061033 · ALJ Rommel P. Cruz
OAH consolidated Student's IEE reimbursement case with Poway Unified's case defending its assessments over Student's opposition, finding common questions and a risk of inconsistent rulings on IEE funding.
Summary
Poway Unified filed its own case to defend its January 2018 psychoeducational and February 2018 speech and language assessments, and moved to consolidate it with Student's earlier case. Student's case claims the District failed to timely fund the requested IEEs or file for due process, and seeks reimbursement for evaluations Parents obtained. Student opposed consolidation. OAH granted the motion because both cases turn on whether Parents should be reimbursed for the IEEs, would rely on the same evidence and witnesses, and could otherwise produce inconsistent rulings. Student's case was made the primary case, and its dates and 45-day timeline control.
Why it matters
When a parent files first over an IEE request and the district later files to defend its assessment, OAH will likely combine the cases. Making the parent's case primary keeps the parent's earlier filing date and timeline in control.
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:
PARENTS ON BEHALF OF STUDENT, OAH Case No. 2019060146 v.
POWAY UNIFIED SCHOOL DISTRICT,
POWAY UNIFIED SCHOOL DISTRICT, OAH Case No. 2019061033 v. ORDER GRANTING MOTION TO
CONSOLIDATE
PARENTS ON BEHALF OF STUDENT.
On June 4, 2019, Parents on behalf of Student filed with the Office of Administrative Hearings a Request for Due Process Hearing in OAH case number 2019060146, Student’s Case, naming Poway Unified School District.
On June 21, 2019, Poway Unified filed a Request for Due Process Hearing in OAH case number 2019061033, Poway Unified’s Case, naming Student. On the same day, Poway Unified filed a Motion to Consolidate its case with Student’s Case. Student filed an opposition to the motion on June 26, 2019.
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].)
Student’s complaint explains that Parents expressed their disagreement with Poway Unified’s January 2018 psychoeducational and February 2018 speech and language assessments and sought publicly funded independent educational evaluations in those areas on or about February 14, 2019. Student’s complaint alleges a failure on the part of Poway Unified to timely fund independent educational evaluations in the areas of psychoeducation and speech and language. Student’s complaint also claims that Poway Unified failed to timely file a request for a due process hearing to defend its assessments in those areas. As a result, Student contends Parents were denied meaningful participation in Student’s individualized education program process. Student seeks an order for Poway Unified to reimburse Parents for costs associated with independent psychoeducational and speech and language evaluations they obtained.
Poway Unified’s complaint seeks to defend the appropriateness of its January 29, 2018 psychoeducational and February 13, 2018 speech and language assessments of Student.
Poway Unified seeks an order that Student is not entitled to publicly funded independent educational evaluations in those areas.
Here, Poway Unified’s Case and Student’s Case involve a common question of law or fact, specifically whether an equitable remedy in both matters includes Poway Unified funding by way of reimbursement, the independent educational evaluations obtained by Parents. Furthermore, Poway Unified’s Case is scheduled to proceed to hearing prior to Student’s Case. Should Poway Unified prevail in its case by demonstrating its assessments complied with federal and state law, OAH may order that Student is not entitled to publicly funded independent psychoeducational and speech and language evaluations. However, OAH may order Poway Unified to reimburse Parents for their independent evaluations if Student was to prevail in Student’s Case on the issue as to whether Poway Unified’s failure to timely fund independent educational evaluations or file for due process hearing to defend its assessments denied Parents meaningful participation in the IEP process. Consolidation of the matters would avoid these inconsistent rulings.
In addition, consolidation furthers the interests of judicial economy because the same evidence and witnesses will be presented in both cases on the issue as to whether Parents are entitled to reimbursement for costs associated with their independent psychoeducational and speech and language evaluations. Accordingly, consolidation is granted.
ORDER
1. Poway Unified’s Motion to Consolidate is granted.
2. Student’s Case is designated as the primary case. All dates previously set in
Poway Unified’s Case, OAH case number 2019061033 are vacated. The consolidated matters shall proceed on the dates currently set in Student’s Case, OAH case number 2019060146.
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 Student’s Case, OAH case number 2019060146.
DATE: June 27, 2019
ROMMEL P. CRUZ
Administrative Law Judge Office of Administrative Hearings