California OAH special education order · August 1, 2022
Order Granting Motion to Consolidate
OAH Case No. 2022070678, 2022060843 · ALJ Clifford H. Woosley
OAH consolidated Student's and Carmel Unified's due process cases. Both cases raise common questions about whether Student received a FAPE in spring 2022 and share witnesses and exhibits, and the district did not oppose.
This case went to decision
Student v. Carmel Unified School District (consolidated): Carmel Unified may not implement its May 2022 IEP without consent; ALJ orders 20 compensatory hours and staff LRE training. (2022)
Summary
Carmel Unified filed a due process case asking OAH to find that its May 2022 IEP and placement offer provided Student a free appropriate public education (FAPE). Student then filed a case alleging Carmel Unified denied Student a FAPE from April 2022 through the end of the 2021-2022 school year, including 2022 extended school year, and moved to consolidate the two cases. Carmel Unified did not respond. OAH granted the motion because the cases share common questions of law and fact, witnesses, and exhibits. It made Student's case the primary case, vacated the dates in the district's case, and based the 45-day decision timeline on Student's filing date.
Why it matters
When a district files first to defend its IEP offer, a parent can file a case and move to consolidate so both cases are heard together. The parent's case can then become the primary case that controls the hearing 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
CARMEL UNIFIED SCHOOL DISTRICT,
OAH CASE NUMBER 2022070678
OAH CASE NUMBER 2022060843
ORDER GRANTING MOTION TO CONSOLIDATE
AUGUST 1, 2022
On June 28, 2022, Carmel Unified School District filed with the Office of Administrative Hearings a Request for Due Process Hearing in OAH case number 2022060843, Carmel Unified’s Case, naming Parent on behalf of Student.
On July 22, 2022, Parents on behalf of Student filed a Request for Due Process Hearing in OAH case number 2022070678, Student’s Case, naming Carmel Unified School District.
On July 25, 2022, Student filed a Motion to Consolidate the two cases. Carmel Unified 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, the cases involve a common question of law or fact, Carmel Unified’s complaint seeks a determination that its May 2022 IEP offer and its offer of placement provided Student with a free appropriate public education. Student’s complaint seeks a finding that Carmel Unified did not provide Student with a FAPE from April 2022 through the end of the 2021-2022 school year, including 2022 extended school year.
Carmel Unified has not opposed the motion.
Consolidation also furthers the interests of judicial economy because both cases involve common witnesses and exhibits. Accordingly, consolidation is granted.
ORDER
1. Student’s Motion to Consolidate is granted.
2. Student’s Case, OAH case number 2022070678, is designated as the
primary case. All dates previously set in Carmel Valley’s Case, OAH case number 2022060843, 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 2022070678.
IT IS SO ORDERED.
Clifford H. Woosley Administrative Law Judge Office of Administrative Hearings