California OAH special education order · April 1, 2020
Order Granting Motion to Consolidate
OAH Case No. 2020030412, 2020030928 · ALJ Judith Pasewark
OAH granted San Diego Unified's unopposed motion to consolidate its due process case with Student's because both cases concern the appropriateness of assessments, making Student's case primary.
This case went to decision
Student v. San Diego Unified School District (consolidated): San Diego Unified prevails on all claims; its speech and mental health assessments and 2019-2020 IEP offers are upheld. (2020)
Summary
Student filed a due process complaint against San Diego Unified School District on March 10, 2020. The District filed its own complaint on March 23, 2020, and moved the same day to consolidate the two cases. Student did not respond. OAH granted the motion because both cases involve the same parties and a common question about the appropriateness of assessments, and joining them saves time. Student's case was named the primary case, the dates in the District's case were vacated, and the 45-day decision timeline runs from the filing of Student's complaint.
Why it matters
When a district files its own case on the same issues, OAH will usually combine it with the parent's case. Because the parent's earlier-filed case becomes the primary case, the decision timeline is based on the parent's filing date.
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.
SAN DIEGO UNIFIED SCHOOL DISTRICT,
OAH CASE NUMBER 2020030412
and
SAN DIEGO UNIFIED SCHOOL DISTRICT,
OAH CASE NUMBER 2020030928
v.
PARENT ON BEHALF OF STUDENT,
OAH CASE NUMBER 2020030412
ORDER GRANTING MOTION TO CONSOLIDATE
APRIL 1, 2020
On March 10, 2020, Student filed with the Office of Administrative Hearings a Request for Due Process Hearing in OAH Case Number 2020030412, First Case, naming San Diego Unified School District.
On March23, 2020, San Diego Unified School District filed a Request for Due Process Hearing in OAH Case Number 2020030928, Second Case, naming Student.
On March 23, 2020, San Diego Unified School District filed a Motion to Consolidate First Case with Second Case.
Student did not file a response to the motion.
CONSOLIDATION
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, First Case and Second Case involve a common question of law or fact, specifically, appropriateness of assessments. Student does not oppose the motion. In addition, consolidation furthers the interests of judicial economy because both cases involve common questions of law and fact.
ORDER
1. San Diego Unified School District’s Motion to Consolidate is granted.
2. Student’s case, First Case, is designated as the primary case. All dates
previously set in San Diego Unified School District’s case, Second Case, OAH case number 2020030928 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 complaint in Student’s case, Primary Case, OAH case number 2020030412.
IT IS SO ORDERED.
Judith Pasewark Administrative Law Judge Office of Administrative Hearings