California OAH special education order · June 8, 2020
Order Granting Motion to Consolidate
OAH Case No. 2020010423, 2020060184 · ALJ Adrienne L. Krikorian
OAH consolidated Student's and Norris School District's cases because both ask whether the January 22, 2020 IEP offered Student a FAPE and will use the same witnesses and evidence.
This case went to decision
Student v. Norris School District (consolidated): Norris School District must fund 200 hours of compensatory services, but may implement its January 2020 special day class IEP. (2020)
Summary
Norris School District filed its own due process complaint and asked OAH to consolidate it with Student's earlier case. Student filed a notice of non-opposition. OAH granted the motion because both cases ask whether the District's January 22, 2020 IEP offered Student a free appropriate public education, and they will use the same witnesses and similar evidence. Student's case became the primary case, the District's hearing dates were vacated, and the 45-day decision timeline runs from the filing of Student's amended complaint.
Why it matters
When a district files its own complaint defending an IEP that a parent is already challenging, OAH will usually combine the cases. The parent's case typically becomes the lead case and keeps its hearing dates and timeline.
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,
v.
NORRIS SCHOOL DISTRICT,
OAH CASE NUMBER 2020010423
and
NORRIS SCHOOL DISTRICT,
v.
PARENT ON BEHALF OF STUDENT,
OAH CASE NUMBER 2020060184
ORDER GRANTING MOTION TO CONSOLIDATE
JUNE 08, 2020
On January 14, 2020, Student filed with the Office of Administrative Hearings a Request for Due Process Hearing in OAH case number 2020010423, referred to as Student’s Case, naming Norris School District. Student filed a first amended complaint on May 7, 2020.
On June 4, 2020, Norris School District filed a Request for Due Process Hearing in OAH case number 2020060184, referred to as Norris District’s Case, naming Student.
Norris School District concurrently filed a motion to consolidate Norris District’s Case with Student’s case. Student filed a Notice of Non-opposition to consolidation on June 5, 2020.
No statute or regulation specifically provides a standard to be applied in deciding a motion to consolidate special education cases. However, OAH will generally consolidate matters that involve the same parties, a common question of law and/or fact, 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 Norris District’s Case involve a common question of law or fact. Specifically, both complaints seek a ruling as to whether Norris District offered Student a free appropriate public education in his January 22, 2020 individualized education program. Consolidation furthers the interests of judicial economy because the two cases will involve the same witnesses, similar evidence, and pertain to generally the same issues. Accordingly, consolidation is granted.
ORDER
1. Norris Unified’s Motion to Consolidate is granted.
2. Student’s Case is designated as the primary case. All dates previously set
in Norris Unified’s Case, OAH case number 2020060184, are vacated.
3. The consolidated matters shall proceed on the dates set for hearing in the
Primary Case, OAH case number 202010423.
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 amended complaint in Primary Case, OAH case number 2020010423, unless otherwise ordered.
IT IS SO ORDERED.
Adrienne L. Krikorian Administrative Law Judge Office of Administrative Hearings