California OAH special education order · May 16, 2022
Order Granting Motion to Consolidate
OAH Case No. 2022050467, 2022040173 · ALJ Paul H. Kamoroff
OAH consolidated Student's and Riverside's due process cases over Student's opposition because both turn on the appropriateness of Riverside's assessments and share witnesses and evidence.
Summary
Student filed a due process case against Riverside in April 2022. Riverside filed its own case in May 2022 and asked OAH to consolidate the two cases on its hearing dates. Student opposed. OAH granted the motion because both cases involve the appropriateness of Riverside's assessments and share common witnesses and evidence, so consolidation serves judicial economy. OAH made Riverside's case the primary case, vacated all dates in Student's case, and based the 45-day decision timeline on Riverside's filing date.
Why it matters
A district can file its own later case and have OAH consolidate it with a parent's earlier case, making the district's case primary. That can push back the hearing dates and the decision timeline the parent's filing would have set. Parents who want to keep their original schedule should be ready to explain why consolidation, or the choice of primary case, would harm the student.
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:
RIVERSIDE UNIFIED SCHOOL DISTRICT,
and
PARENT ON BEHALF OF STUDENT,
OAH CASE NUMBER 2022050467
OAH CASE NUMBER 2022040173
ORDER GRANTING MOTION TO CONSOLIDATE
MAY 16, 2022
On April 4, 2022, Parent on behalf of Student filed with the Office of Administrative Hearings a Request for Due Process Hearing in OAH case number 2022040173, Student’s Case, naming Riverside Unified School District.
On May 11, 2022, Riverside Unified School District filed a Request for Due Process Hearing in OAH case number 2022040173, Riverside’s Case, naming Student.
On May 11, 2022, Riverside filed a Motion to Consolidate the cases and to have the consolidated matter proceed on the consolidated matter proceed on the due process hearing dates set in Riverside’s Case, OAH case number 2022050467. Student opposed the motion on May 16, 2022.
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 Riverside’s assessments. In addition, consolidation furthers the interests of judicial economy because the cases involve common witnesses and evidence. Accordingly, consolidation is granted.
ORDER
1. Riverside’s Motion to Consolidate is granted.
2. Riverside’s Case is designated as the primary case. All dates previously set
in Student’s Case, OAH case number 2022040173, are vacated.
3. The hearing for the consolidated cases shall be held on the dates set for
Riverside’s Case, OAH Case number 2022050467, the primary case for this mater.
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 2022050467.
IT IS SO ORDERED.
Paul H. Kamoroff (May 16, 2022 10:08 PDT)
Paul H Kamoroff Administrative Law Judge Office of Administrative Hearings