California OAH special education order · January 13, 2023
Order Granting Motion to Consolidate
OAH Case No. 2023010036, 2022110334 · ALJ Paul H. Kamoroff
OAH consolidated Student's and Dinuba's due process cases over Dinuba's opposition because both turn on whether Student's program in 2021-2022 and 2022-2023 was appropriate, and will share witnesses.
Summary
Dinuba filed a due process case claiming Student no longer qualified for special education as of June 1, 2022. Student later filed his own case alleging Dinuba denied him a FAPE by failing to offer an appropriate IEP during the 2021-2022 and 2022-2023 school years, and moved to consolidate the two cases. Dinuba opposed. OAH granted the motion because the cases share a common question about Student's educational program in those years, involve similar witnesses, and consolidation prevents inconsistent rulings. Student's case was made the primary case, Dinuba's dates were vacated, and the 45-day decision timeline runs from the filing of Student's complaint.
Why it matters
When a district files first to end eligibility, a parent's later FAPE case covering the same school years can be joined with it and made the primary case. The hearing then runs on the parent's schedule 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,
v.
DINUBA UNIFIED SCHOOL DISTRICT,
OAH CASE NUMBER 2023010036
OAH CASE NUMBER 2022110334
ORDER GRANTING MOTION TO CONSOLIDATE
January 13, 2023 On November 9, 2022, Dinuba Unified School District, called Dinuba, filed with the Office of Administrative Hearings, called OAH, a Request for Due Process Hearing in OAH case number 2022110334, Dinuba’s Case, naming Parent on behalf of Student.
On January 3, 2023, Student filed a Request for Due Process Hearing in OAH case number 2023010036, Student’s Case, naming Dinuba.
On January 5, 2023, Student filed a Motion to Consolidate the cases. Dinuba opposed the motion on January 10, 2023.
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, Student’s complaint alleges, amongst other issues, that Dinuba denied him a free appropriate public education, called FAPE, during the 2021-2022 and 2022-2023 school years, by failing to offer an appropriate individualized education program, called IEP. Dinuba’s complaint alleges that, as of June 1, 2022, Student no longer qualified for special education and related services. Consequently, the appropriateness of Student’s educational program during the 2021-2022 and 2022-2023 school years, is an issue in both cases. In addition, consolidation furthers the interests of judicial economy because these matters will include similar witnesses and consolidation will prevent inconsistent rulings. Accordingly, consolidation is granted.
ORDER
1. Student’s Motion to Consolidate is granted.
2. Student’s Case is designated as the primary case. All dates previously set in
Dinuba’s Case, OAH case number 2022110334, are vacated.
3. The consolidated matters shall proceed on the dates previously set for hearing in
Student’s Case, OAH case number 2023010036.
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 Student’s Case, OAH case number 2023010036.
Paul H. Kamoroff (Jan 13, 2023 10:32 PST)
Paul H Kamoroff Administrative Law Judge Office of Administrative Hearings