California OAH special education order · January 31, 2022
Order Granting Motion to Consolidate
OAH Case No. 2021120137, 2022010483 · ALJ Linda Johnson
OAH consolidated Student's and Whittier's due process cases because both concern the timeliness and appropriateness of Whittier's November 2020 multidisciplinary assessment report and will share witnesses and evidence.
This case went to decision
Student v. Whittier Union High School District (consolidated): Whittier Union must fund 113 compensatory hours and independent evaluations for late assessments and distance-learning lapses; nonpublic school claim denied. (2022)
Summary
Student and Whittier jointly asked OAH to combine Student's case with Whittier's later-filed case and keep the dates already set in Student's case. OAH granted the motion. It found that both cases raise a common question about the timeliness and appropriateness of Whittier's November 2020 multidisciplinary assessment report, and that consolidation saves time because many of the same witnesses and much of the same evidence will be used. Student's case is the primary case, the dates in Whittier'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 its own case about the same assessment a parent is already challenging, the parties can jointly ask to consolidate and keep the parent's existing hearing dates and timeline.
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 INVOLVING:
PARENT ON BEHALF OF STUDENT,
and
WHITTIER UNION HIGH SCHOOL DISTRICT,
OAH CASE NUMBER 2021120137
OAH CASE NUMBER 2022010483
ORDER GRANTING MOTION TO CONSOLIDATE
JANUARY 31, 2022
On December 3, 2021, Student filed with the Office of Administrative Hearings a Request for Due Process Hearing in OAH case number 2021120137, Student’s Case, naming Whittier Union High School District. On December 17, 2021, OAH granted the parties’ continuance request in Student’s Case. On January 19, 2022, Whittier filed a Request for Due Process Hearing in OAH case number 2022010483, Whittier’s Case, naming Student. On January 31, 2022, the parties jointly filed a Motion to Consolidate the cases and maintain the dates previously scheduled in Student’s Case.
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 the timeliness and appropriateness of Whittier’s November 2020 multidisciplinary assessment report. In addition, consolidation furthers the interests of judicial economy because many of the same witnesses will testify and much of the same evidence will be presented in both cases. Accordingly, consolidation is granted.
ORDER
1. The parties’ joint Motion to Consolidate is granted.
2. Student’s Case is designated as the primary case. All dates previously set
in Whittier’s Case, OAH case number 2022010483, 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 2021120137.
Linda Johnson Administrative Law Judge Office of Administrative Hearings