California OAH special education order · April 28, 2022
Order Granting Motion to Consolidate and Designating Student Case a Primary Case
OAH Case No. 2022030687, 2022040604 · ALJ Theresa Ravandi
OAH consolidated Los Angeles' case defending its March 2022 IEP with Student's case challenging IEPs since March 2020, because both cases involve the same parties, issues, witnesses, and documents.
This case went to decision
Student v. Los Angeles Unified School District (consolidated): Los Angeles Unified must fund 450 tutoring hours and return a student to a public special day class after an improper virtual placement. (2022)
Summary
Los Angeles filed its own due process case to defend its March 2022 IEP and moved to consolidate it with Student's earlier case, which challenges the district's IEPs since March 2020. Student did not respond to the motion. OAH granted consolidation because both cases raise the common question of whether the district offered a free appropriate public education, and combining them saves time through shared witnesses and documents. Student's case was made the primary case, so its amended-complaint filing date controls the 45-day decision timeline. All dates in the district's case, including its May 17, 2022 hearing, were vacated.
Why it matters
When a district files its own case to defend an IEP that a parent is already challenging, OAH will usually combine the cases. Making the parent's case primary can stop the district's earlier hearing date from going forward first.
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 2022030687
OAH CASE NUMBER 2022040604
ORDER GRANTING MOTION TO CONSOLIDATE AND
DESIGNATING STUDENT CASE A PRIMARY CASE
APRIL 28, 2022
On March 18, 2022, Student filed with the Office of Administrative Hearings a Request for Due Process Hearing in OAH case number 2022030687 naming Los Angeles Unified School District. On April 20, 2022, OAH granted Student’s motion to amend the complaint. Student’s Case is scheduled for hearing beginning June 7, 2022.
On April 19, 2022, Los Angeles filed a Request for Due Process Hearing in OAH case number 2022040604 naming Student. Los Angeles’ Case is scheduled for hearing beginning May 17, 2022.
On April 19, 2022, Los Angeles filed a Motion to Consolidate its case with Student’s Case. 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, the appropriateness of Los Angeles’ offer of a free appropriate public education. Among other claims, Student challenges Los Angeles’ individualized education programs or IEPs since March 2020. Los Angeles seeks to defend its March 2022 IEP. Given these common questions of law or fact, 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 2022030687.
ORDER
1. Los Angeles’ Motion to Consolidate is granted.
2. Student’s Case is designated as the primary case. All dates previously set
in Los Angeles’ Case, OAH case number 2022040604 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 amended complaint in Primary Case, OAH case number 2022030687.
IT IS SO ORDERED.
Theresa Ravandi Administrative Law Judge Office of Administrative Hearings