California OAH special education order · September 29, 2020
Order Granting Motion to Consolidate
OAH Case No. 2020090906, 2020060078 · ALJ Ted Mann
OAH granted Student's motion to consolidate over San Jose's objection, finding both cases turn on the legal sufficiency of the district's functional behavior assessment and share witnesses and evidence.
This case went to decision
Student v. San Jose Unified School District (consolidated): San Jose Unified must fund an independent behavior assessment; ALJ finds no FAPE denial on Student's two claims. (2021)
Summary
San Jose filed a due process case in June 2020, and Student filed a separate case in September 2020. Student moved to consolidate the two and to use the hearing dates from Student's case. San Jose objected that the filings were essentially duplicative. OAH granted consolidation because both cases involve the legal sufficiency of San Jose's functional behavior assessment and overlapping witnesses and evidence. It made Student's case the primary case, vacated the dates in the district's case, and based the 45-day decision timeline on Student's filing date.
Why it matters
A parent who files a later complaint on the same assessment the district is defending can ask to consolidate and have the combined case run on the parent's hearing schedule. A district's argument that the cases are duplicative does not block consolidation when they share common issues and evidence.
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 JOSE UNIFIED SCHOOL DISTRICT,
OAH CASE NUMBER 2020090906
and
SAN JOSE UNIFIED SCHOOL DISTRICT,
v.
PARENT ON BEHALF OF STUDENT,
OAH CASE NUMBER 2020060078
ORDER GRANTING MOTION TO CONSOLIDATE
SEPTEMBER 29, 2020
On June 3, 2020, San Jose filed with the Office of Administrative Hearings a Request for Due Process Hearing in OAH case number 2020060078, First Case, naming Student.
On September 25, 2020, Student filed a Request for Due Process Hearing in OAH case number 2020090906, Second Case, naming San Jose.
On September 25, 2020, Student filed a Motion to Consolidate First Case with Second Case, and to proceed with the due process hearing dates in the consolidated matter on the dates set in the Second Case, OAH case number 2020090906.
On September 28, 2020, San Jose filed an objection to consolidation on the ground that the two filings were essentially duplicative and should not be consolidated.
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, the legal sufficiency of San Jose’s functional behavior assessment of Student.
Consolidation furthers the interests of judicial economy because of the overlapping witnesses and evidence for hearing in the two cases. Accordingly, consolidation is granted. The dates set in OAH case number 2020060078 will be vacated and the consolidated matter will proceed on the dates set in OAH case number 2020090906, as the primary case. All prehearing matters will be addressed at the PHC currently scheduled in OAH case number 2020090906 unless otherwise ordered.
ORDER
1. Student’s Motion to Consolidate is granted.
2. Second Case is designated as the Primary Case. All dates previously set in
First Case, OAH case number 2020060078, 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 Primary Case, OAH case number 2020090906.
IT IS SO ORDERED.
Ted Mann Administrative Law Judge Office of Administrative Hearings