California OAH special education order · October 18, 2023
Order Granting Motion to Consolidate
OAH Case No. 2023100030, 2023100175 · ALJ Paul H. Kamoroff
OAH consolidated Student's and Charter School's due process cases because both involve the appropriateness of Student's program for the 2022-2023 and 2023-2024 school years. Student's case was made the primary case.
This case went to decision
Student v. South Sutter Charter School (consolidated): South Sutter Charter School must fund about $26,000 in private dyslexia tutoring and mileage and train staff; assessment, assistive technology, and ESY claims denied. (2024)
Summary
Charter School moved to consolidate its due process case with Student's earlier-filed case, and Student filed a non-opposition. OAH granted the motion. Both cases involve a common question about whether Student's educational program was appropriate during the 2022-2023 and 2023-2024 school years, and consolidation avoids inconsistent rulings. Student's case was designated the primary case, the dates in Charter School's case were vacated, and the 45-day decision timeline runs from the filing of Student's complaint.
Why it matters
When a district or charter files its own case after a parent's case on the same school years, the parent's earlier-filed case usually becomes the primary case. Its hearing dates and decision timeline then control the combined 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:
PARENTS ON BEHALF OF STUDENT,
and
SOUTH SUTTER CHARTER SCHOOL,
OAH CASE NUMBER 2023100030
OAH CASE NUMBER 2023100175
ORDER GRANTING MOTION TO CONSOLIDATE
OCTOBER 18, 2023
On September 29, 2023, Parents on behalf of Student filed with the Office of Administrative Hearings, called OAH, a Request for Due Process Hearing in OAH case number 2023100030, Student’s Case, naming South Sutter Charter School, called Charter School.
On October 5, 2023, Charter School filed a Request for Due Process Hearing in OAH case number 2023100175, Charter School’s Case, naming Student.
On October 5, 2023, Charter School filed a Motion to Consolidate the cases.
Student submitted a non-opposition to the request on October 6, 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, each case involves the appropriateness of Student’s educational program during the 2022- 2023, and 2023-2024 school years. In addition, consolidation furthers the interests of judicial economy because consolidation will prevent inconsistent rulings regarding similar issues. Accordingly, consolidation is granted.
ORDER
1. Charter School’s Motion to Consolidate is granted.
2. Student’s Case is designated as the primary case. All dates previously set
in Charter School’s Case, OAH case number 2023100175, are vacated.
3. The consolidated matters shall proceed on the dates previously set for
hearing in Student’s Case, OAH case number 2023100030.
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 2023100030.
Paul H. Kamoroff (Oct 18, 2023 15:47 PDT)
Paul H Kamoroff Administrative Law Judge Office of Administrative Hearings