California OAH special education order · November 19, 2021
Order Granting Student's Motion to Consolidate
OAH Case No. 2021110493, 2021110347 · ALJ Jennifer Kelly
OAH consolidated Student's and Saddleback Valley's due process cases because both turn on whether the District correctly found Student ineligible at an October 2021 IEP meeting, and the District did not oppose.
This case went to decision
Student v. Saddleback Valley Unified School District (consolidated): Saddleback Valley Unified may not exit a student with autism from special education without parental consent and must fund an occupational therapy IEE. (2022)
Summary
Saddleback Valley Unified School District filed a due process case against Parents, and five days later Parents filed their own case against the District. Student asked OAH to combine the two cases, and the District filed a statement of non-opposition. OAH granted consolidation because both cases share a common question: whether the District properly found Student ineligible for special education at the October 2021 IEP meeting. The cases also involve largely the same parties, witnesses, exhibits, and legal issues. Student's later-filed case was made the primary case, all 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 first, a parent can file a cross-complaint and move to consolidate. If the parent's case is named primary, the hearing timeline runs from the parent's filing and the parent's broader claims, such as failure to assess in all areas of suspected disability, are heard together with the district's case.
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
SADDLEBACK VALLEY UNIFIED SCHOOL DISTRICT,
OAH CASE NUMBER 2021110493
OAH CASE NUMBER 2021110347
ORDER GRANTING STUDENT’S
MOTION TO CONSOLIDATE
NOVEMBER 19, 2021
On November 12, 2021, Saddleback Valley Unified School District filed with the Office of Administrative Hearings a Request for Due Process Hearing in OAH case number 2021110347, First Case, naming Parents on behalf of Student.
On November 17, 2021, Parents on behalf of Student filed a Request for Due Process Hearing in OAH case number2021110493, Second Case, naming Saddleback Valley Unified School District.
On November 17, 2021, Student filed a Motion to Consolidate First Case with Second Case. On November 18, 2021, Saddleback Valley Unified School District filed a statement of Non-Opposition to 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, First Case and Second Case involve a common question of law or fact, specifically, whether Saddleback Valley Unified School District appropriately determined at Student’s October 2021 individualized education program team meeting that Student should be found ineligible for special education and related services. Student’s complaint further alleges that Saddleback Valley Unified School District failed to assess Student in all areas of suspected disability. Saddleback Valley Unified School District does not oppose the motion. In addition, consolidation furthers the interests of judicial economy because the cases primarily involve the same parties, witnesses and exhibits, and issues of law. Accordingly, consolidation is granted.
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 2021110347 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 2021110493.
IT IS SO ORDERED.
Jennifer Kelly Administrative Law Judge Office of Administrative Hearings