California OAH special education order · August 12, 2021
Order Granting Motion to Consolidate
OAH Case No. 2021080012, 2021080052 · ALJ Christine Arden
OAH consolidated Student's and Irvine's due process cases because both turn on whether Irvine's psychoeducational/multidisciplinary assessment of Student was appropriate. Student did not oppose.
This case went to decision
Student v. Irvine Unified School District (consolidated): Irvine Unified must reimburse about $51,143 in Prentice School costs for failing to file for due process; other claims denied. (2021)
Summary
Irvine Unified School District moved to consolidate Student's due process case with its own case. Student's case challenged Irvine's psychoeducational evaluation, and Irvine's case sought a finding that its multidisciplinary assessment was legally compliant. Student filed a non-opposition. OAH granted the motion because the cases involve the same parties and common questions of law and fact, so combining them serves judicial economy. Student's case was made the primary case, and hearing was set for September 21–23, 2021.
Why it matters
When a district files its own case to defend an assessment that a parent is already challenging, OAH will usually combine the two cases. The decision timeline then runs from the parent's earlier 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,
AND
IRVINE UNIFIED SCHOOL DISTRICT,
OAH CASE NUMBER 2021080012
OAH CASE NUMBER 2021080052
ORDER GRANTING MOTION TO CONSOLIDATE
AUGUST 12, 2021
On July 30, 2021, Student filed a Request for Due Process Hearing with the Office of Administrative Hearings, called OAH, in OAH case number 2021080012, the First Case, naming Irvine Unified School District. On August 2, 2021, Irvine Unified School District filed with OAH a Request for Due Process Hearing in OAH case number 2021080052, the Second Case, naming Student.
On August 12, 2021, Irvine Unified School District filed a Motion to Consolidate the First Case with the Second Case.
On August 12, 2021, Student filed a non-opposition to Irvine Unified School District’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].)
Here, the First Case and Second Case both involve the same parties and a common question of law and fact. Specifically, Student’s fifth issue in the First Case challenges the appropriateness of Irvine’s psychoeducational evaluation of Student, and Irvine’s sole issue in the Second Case seeks an Order finding that its multidisciplinary assessment of Student is legally compliant. Because both cases involve a similar issue, the hearings on those matters will both involve evidence on the same facts, and application of the same law, consolidation of the two cases furthers the interests of judicial economy. Accordingly, consolidation is granted.
ORDER
1. Irvine Unified School District’s Motion to Consolidate is granted.
2. The First Case is designated as the primary case. All dates previously set in
the Second Case, OAH case number 2021080052, are vacated.
3. Hearing in the consolidated cases shall take place as follows, unless
otherwise ordered: September 21, 22, and 23, 2021.
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 Primary Case, OAH case number 2021080012.
IT IS SO ORDERED.
Christine Arden Administrative Law Judge Office of Administrative Hearings