California OAH special education order · February 17, 2021
Order Granting Motion to Consolidate and Designating Student's Case as Primary Case
OAH Case No. 2021010198, 2021020316 · ALJ Theresa Ravandi
OAH consolidated Student's and Guadalupe Union's due process cases because both concern whether the District appropriately conducted its fall 2020 multidisciplinary assessment. Student's case was made primary.
This case went to decision
Student v. Guadalupe Union School District (consolidated): Guadalupe Union prevails on all claims; triennial assessment upheld and late annual IEP held a harmless procedural violation. (2021)
Summary
Guadalupe Union asked OAH to consolidate its own due process case with Student's earlier-filed case, and Student filed a non-opposition. OAH granted the motion. Both cases involve the same parties, the same witnesses and documents, and the common question of whether the District appropriately assessed Student in its fall 2020 multidisciplinary assessment. Student's case was designated primary, so its hearing dates and 45-day decision timeline control, and the dates in the District's case were vacated.
Why it matters
When a district files its own case to defend an assessment that a parent is already challenging, the cases will usually be combined. The first-filed case's timeline typically controls, which keeps the parent's hearing on its original schedule.
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.
GUADALUPE UNION SCHOOL DISTRICT,
OAH CASE NUMBER 2021010198
and
GUADALUPE UNION SCHOOL DISTRICT,
v.
PARENT ON BEHALF OF STUDENT,
OAH CASE NUMBER 2021020316
ORDER GRANTING MOTION TO CONSOLIDATE AND
DESIGNATING STUDENT’S CASE AS PRIMARY CASE
FEBRUARY 17, 2021
On January 8, 2021, Student filed with the Office of Administrative Hearings a Request for Due Process Hearing in OAH case number 2021010198, naming Guadalupe Union School District as a party. Student’s Case is scheduled for hearing beginning March 2, 2021.
On February 8, 2021, Guadalupe Union filed a Request for Due Process Hearing in OAH case number 2021020316, naming Student. Guadalupe’s Case is scheduled for hearing beginning March 9, 2021.
On February 8, 2021, Guadalupe Union filed a Motion to Consolidate its case with Student’s Case. On February 11, 2021, Student filed a non-opposition to the 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].)
Here, both cases involve a common question of law or fact, specifically, whether Guadalupe Union appropriately assessed Student as part of its fall 2020 multidisciplinary assessment. Therefore, consolidation is warranted. In addition, consolidation furthers the interests of judicial economy because both cases involve the same parties, and many of the same witnesses will be required to testify in each proceeding. Each matter will also involve the introduction of many of the same documents. Accordingly, consolidation is granted.
When consolidating cases, OAH designates the statutory timelines applicable to the consolidated matters to be controlled by one of the cases. Here, the statutory timeline shall be controlled by Student’s Case, OAH Case Number 2021010198.
ORDER
1. Guadalupe Union’s Motion to Consolidate is granted.
2. Student’s Case is designated as the primary case. All dates previously set
in Guadalupe Union’s Case, OAH case number 2021020316, are vacated.
3. The consolidated matters shall proceed on the dates previously set for
hearing in the Primary Case, OAH case number 2021010198. The Prehearing Conference shall be heard on February 19, 2021, at 3:00 p.m.
The Due Process Hearing in the consolidated cases shall be held on March 2, 3, and 4, 2021, beginning at 9:30 a.m. each day, and continuing day to day as needed at the discretion of the Administrative Law Judge.
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 complaint in Student’s Case, OAH case number 2021010198.
IT IS SO ORDERED.
Theresa Ravandi Administrative Law Judge Office of Administrative Hearings