California OAH special education order · September 14, 2020
Order Following Prehearing Conference Granting Request for Consolidation
OAH Case No. 2020090298, 2020070003 · ALJ Cynthia Fritz
OAH consolidated Student's case with Panama-Buena's earlier-filed case over the district's objection because both involve the February 2020 functional behavior assessment and consolidation saves time and avoids inconsistent rulings.
This case went to decision
Student v. Panama-Buena Vista Union School District (consolidated): Panama-Buena Vista Union must provide 211.5 compensatory hours for assessment failures; its behavior assessment and IEP offer upheld. (2021)
Summary
Panama-Buena filed a due process complaint in June 2020. Student filed his own complaint on September 9, 2020, 12 days before the district's hearing date, and moved to consolidate the two cases. Panama-Buena opposed. It argued that only one issue overlapped, that Student's filing was a delay tactic, and that res judicata would prevent inconsistent decisions. The ALJ granted consolidation because both cases turn on whether the district's February 2020 functional behavior assessment was appropriate, they will involve similar evidence and witnesses, and a decision in the district's case might not issue before Student's case proceeds. Student's case became the primary case, the district's dates were vacated, and the 45-day decision timeline now runs from Student's filing date.
Why it matters
A parent can file a broader complaint after a district files its own case and still get the two consolidated, even shortly before the district's hearing, when they share a common issue such as an assessment's appropriateness. Consolidation can delay the district's hearing because the 45-day timeline restarts from the parent's later filing.
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.
PANAMA-BUENA VISTA UNIFIED SCHOOL DISTRICT,
OAH CASE NUMBER 2020090298
and
PANAMA-BUENA VISTA UNIFIED SCHOOL DISTRICT,
v.
PARENT ON BEHALF OF STUDENT,
OAH CASE NUMBER 2020070003
ORDER FOLLOWING PREHEARING CONFERENCE
GRANTING REQUEST FOR CONSOLIDATION
SEPTEMBER 14, 2020
On September 14, 2020, Administrative Law Judge Cynthia Fritz, Office of Administrative Hearings held a telephonic prehearing conference. The Administrative Law Judge will be referred to as an ALJ. The prehearing conference will be referred to as a PHC. Dee Anna Hassanpour, Attorney at Law, appeared on behalf of Panama-Buena Vista Union School District, called Panama-Buena. David Grey, Attorney at Law, appeared on behalf of Student. The PHC was recorded. Based upon discussion with the parties, the ALJ issues the following order:
MOTION TO CONSOLIDATE
On June 26, 2020, Panama-Buena Vista Unified School District, called Panama- Buena filed with the Office of Administrative Hearings, called OAH, a Request for Due Process Hearing, called complaint, in OAH case number 2020070003, Panama-Buena Vista's Case, naming Student.
On September 9, 2020, Student filed a complaint in OAH case number 2020090289, Student’s Case, naming Panama-Buena.
On September 9, 2020, Student filed a Motion to Consolidate the two cases.
Panama-Buena filed opposition to Student's Motion to Consolidate on September 10, 2020, on the grounds that: (1) Student's complaint added numerous issues with only one overlapping issue and would require additional preparation, witnesses, and evidence; (2) Student's complaint was filed 12 days before the Panama-Buena Vista’s due process hearing date, and is a delay tactic and prejudicial; and (3) there is no risk of inconsistent decisions because res judicata and collateral estoppel would prevent relitigating the one overlapping issue in both cases. For these reasons, Panama-Buena argued that consolidation would not further the interests of judicial economy, infringe upon its right to pursue its case without further delay, and should be denied.
On September 11, 2020, Student filed a reply asserting that his due process complaint and motion to consolidate were filed in good faith and would not cause any prejudice to Panama-Buena. Additionally, he argued that it would be an undue consumption of resources if the cases are not consolidated.
On September 14, 2020, the parties had the opportunity to argue the merits of Student's motion to consolidate.
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].)
DISCUSSION
Here, the cases involve a common question of law or fact, specifically, the legal appropriateness of Panama-Buena's February 2020 functional behavior assessment.
Although Student's case is more expansive, consolidation furthers the interests of judicial economy because both cases involve the likelihood of the introduction of similar evidence, and some of the same witnesses will be required to testify in each proceeding.
Moreover, consolidation will also prevent inconsistent rulings as both hearings are scheduled within six weeks of each other, and a decision may not be rendered in the Panama-Buena Vista’s case before Student’s case proceeds. Accordingly, consolidation is granted.
ORDER
1. Student's Motion to Consolidate is granted.
2. Student’s Case is designated as the primary case. All dates previously set
in Panama-Buena Vista’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 complaint in Student’s Case, OAH case number 2020090289.
IT IS SO ORDERED.
Cynthia Fritz Administrative Law Judge Office of Administrative Hearings