California OAH special education order · January 11, 2023
Order Following Prehearing Conference for Hearing by Videoconference and Granting Motion to Consolidate
OAH Case No. 2023010056, 2022120051 · ALJ Robert G. Martin
OAH consolidated Student's case with Corona-Norco's case over Corona-Norco's objection. Both cases turn on Student's behavior history and the April 2022 functional behavior assessment, with overlapping witnesses and exhibits.
Summary
Corona-Norco filed a case seeking to defend its April 2022 functional behavior assessment and avoid paying for an independent one. Student then filed a case claiming Corona-Norco denied a free appropriate public education since April 2021 by failing to offer a one-to-one aide trained in applied behavior analysis, and moved to consolidate the two cases. Corona-Norco opposed at the prehearing conference. OAH granted consolidation because the cases share common questions of law and fact, and the same witnesses and exhibits, so consolidation serves judicial economy. Student's case was made the primary case, the district's January hearing dates were vacated, and the matters were set for a February 2023 hearing.
Why it matters
When a district files first to defend its assessment against an independent evaluation request, a parent can file their own FAPE claims and move to consolidate. This lets everything be heard together, and the timeline can follow the parent's later-filed case.
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
CORONA-NORCO UNIFIED SCHOOL DISTRICT,
OAH CASE NUMBER 2023010056
OAH CASE NUMBER 2022120051
ORDER FOLLOWING PREHEARING CONFERENCE FOR
HEARING BY VIDEOCONFERENCE AND GRANTING
MOTION TO CONSOLIDATE
JANUARY 11, 2023
On January 9, 2022, Administrative Law Judge Robert G. Martin, Office of Administrative Hearings, held a prehearing conference by videoconference. The Administrative Law Judge is called an ALJ. The Office of Administrative Hearings is called OAH. The prehearing conference is called a PHC.
Elizabeth Harland, Attorney at Law, appeared on behalf of Corona-Norco Unified School District, referred to as Corona-Norco. Hamlet Yarijanian, Attorney at Law, appeared on behalf of Student. The PHC was recorded. Based upon discussion with the parties, the ALJ issues the following order:
STUDENT’S MOTION TO CONSOLIDATE
On December 1, 2022, Corona-Norco filed a Request for Due Process Hearing with OAH, naming Student, in OAH Case number 2022120051, called District’s Case.
OAH on December 16, 2022, granted Corona-Norco’s unopposed request for a continuance and set the hearing of District’s Case for January 18 and 19, 2023.
On January 4, 2023, Student filed a Request for Due Process Hearing naming Corona-Norco in OAH Case number 2023010056, called Student’s Case. OAH set Student’s Case for a PHC on February 13, 2023, and a due process hearing on February 22 and 23, 2023.
Also on January 4, 2023, Student filed a Motion to Consolidate District’s Case and Student’s Case. At the PHC, Corona-Norco opposed Student’s motion.
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, Student’s Case and District’s Case involve common questions of law or fact.
Corona-Norco contends it properly conducted an April 2022 functional behavior assessment of Student, and Student is therefore not entitled to an independent functional behavior assessment at public expense. Student contends Corona-Norco denied Student a free appropriate public education from April 2021 through the filing of the complaint by failing to offer Student a one-to-one aide trade in applied behavior analysis following Corona-Norco’s April 20, 2021 psychoeducational assessment of Student that identified significant issues with hyperactivity, self-regulation, and inappropriate behavior. Student also alleges Corona-Norco’s April 2022 functional behavior assessment, and a special circumstances instructional assistance assessment conducted at the same time, further supported Student’s need for a one-to-one aide.
Consolidation of Student’s Case and District’s Case furthers the interests of judicial economy because both cases will involve many of the same factual issues regarding the history of Student’s behaviors and the April 2022 functional behavior assessment, and many of the same witnesses and exhibits. Accordingly, consolidation is granted.
ORDER
1. Student’s Motion to Consolidate is granted.
2. Student’s Case, OAH case number 2023010056, is designated as the
primary case.
3. All previous dates in District’s case number 2022120051 are vacated. The
consolidated matters shall proceed on the following dates previously set in Student’s Case:
• The Prehearing Conference in the consolidated cases shall be held
on February 13, 2023 at 3:00 PM.
• The Due Process Hearing in the consolidated cases shall be held on
February 22 and 23, 2023, beginning at 9:30 AM each day, and continuing day to day as needed at the discretion of the Administrative Law Judge.
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 2023010056.
IT IS SO ORDERED.
Robert G. Martin Administrative Law Judge Office of Administrative Hearings