California OAH special education order · June 16, 2022
Order Granting Motion to Consolidate
OAH Case No. 2022010333, 2022060344 · ALJ Laurie Gorsline
OAH consolidated Student's case with Los Angeles Unified's later-filed assessment case because both involve the May 2022 psychoeducational assessment and Student did not oppose.
This case went to decision
Student v. Los Angeles Unified School District (consolidated): Los Angeles Unified missed child find for gifted eighth grader, but student was ineligible; IEE denied and no remedy ordered. (2022)
Summary
Los Angeles Unified filed its own due process case to defend its March and May 2022 psychoeducational assessments. On the same day, it moved to consolidate that case with Student's earlier case. Student did not respond. OAH granted the motion because both cases share common questions about the May 2022 assessment and would use some of the same evidence and witnesses. Student's case was made the primary case, so the decision timeline runs from Student's filing date and all dates in the District's case were vacated.
Why it matters
A district can file its own case to defend an assessment while a parent's case is pending and ask to join the two, which can bring new issues into the parent's hearing. Parents who do not respond to the motion lose the chance to argue against consolidation.
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
LOS ANGELES UNIFIED SCHOOL DISTRICT,
OAH CASE NUMBER 2022010333
OAH CASE NUMBER 2022060344
ORDER GRANTING MOTION TO CONSOLIDATE
JUNE 16, 2022
On January 12, 2022, Student filed with the Office of Administrative Hearings a Due Process Hearing Request in OAH case number 2022010333, Student’s Case, naming Los Angeles Unified District.
On February 11, 2022, OAH granted the parties’ request for a March 15, 2022 mediation and a continuance of the hearing from March 8 through 10, 2022 to May 10 through 12, 2022.
On April 27, 2022, OAH granted the parties’ joint request for a second mediation to take place on May 26, 2022 and to continue the hearing to June 14 through 16, 2022.
The joint request was granted based on the parties’ representations that they previously agreed to an interim settlement agreement which called for additional assessments and an individualized education program team meeting to review the assessments scheduled for May 5, 2022, after which the parties believed that a further mediation was needed to allow them to achieve a final settlement agreement in this matter. At that time, OAH notified the parties that it did not contemplate any further continuances.
On June 2, 2022, OAH granted Student’s motion to amend Student’s due process hearing request because the amended complaint substantively changed Student’s Issue 2, and many of the new issues in the amended complaint were based on the same contentions regarding eligibility as the original filing.
On June 9, 2022, Los Angeles Unified filed a Request for Due Process Hearing in OAH case number 2022060344, District’s Case, naming Student. The stated issues alleged in District’s Case is whether its March 2022 and May 2022 psychoeducational assessments are appropriate.
The same day, Los Angeles Unified filed a Motion to Consolidate Student’s Case with District’s Case on the grounds that both matters involve the same issues, i.e., the appropriateness of the May 2022 psychoeducational assessment, and common questions of fact related to Student’s May 5, 2022 IEP. Student did not file a response to the motion.
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, both matters involve common questions regarding the May 2022 psychoeducational assessment and Student does not oppose the motion. In addition, consolidation furthers the interests of judicial economy because the matters will involve some of the same evidence, including testimony from some of the same witnesses. Accordingly, consolidation is granted.
ORDER
1. Los Angeles Unified’s Motion to Consolidate is granted.
2. Student’s Case is designated as the primary case. All dates previously set
in District’s Case, OAH case number 2022060344, 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 Student’s Case, OAH case number 2022010333.
IT IS SO ORDERED.
Laurie Gorsline Administrative Law Judge Office of Administrative Hearings