California OAH special education order · January 30, 2024
Order Granting Motion to Consolidate
OAH Case No. 2023110714, 2024010672 · ALJ Alexa Hohensee
OAH granted Sequoia's unopposed motion to consolidate its refiled case with Student's case. Both cases turn on the same October 2021 psychoeducational assessment and December 2023 IEP, with the same witnesses and evidence.
This case went to decision
Student v. Sequoia Union High School District: Sequoia Union High School District prevails; manifestation team need not decide IEP implementation question once it finds conduct disability-related. (2024)
Summary
Sequoia refiled its due process case and moved to consolidate it with Student's pending case. Student's case had already had an expedited hearing, and its non-expedited hearing was set for February 13, 2024. Student did not oppose. OAH granted consolidation for three reasons: both cases ask whether the October 2021 psychoeducational assessment was appropriate and whether the December 8, 2023, IEP offered a FAPE; the same witnesses and evidence apply; and one hearing avoids duplication and conflicting results. Student's case was made the primary case, and its filing date controls the 45-day decision timeline.
Why it matters
When a district files its own case over the same assessment or IEP, OAH will usually merge it into the parent's case. Making the parent's case primary keeps the parent's filing date as the basis for the decision 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
SEQUOIA UNION HIGH SCHOOL DISTRICT,
OAH CASE NUMBER 2023110714
OAH CASE NUMBER 2024010672
ORDER GRANTING MOTION TO CONSOLIDATE
JANUARY 30, 2024
On October 5, 2023, Sequoia Union High School District, called Sequoia, filed with the Office of Administrative Hearings, called OAH, a request for due process hearing in OAH case number 2023100171 naming Student. OAH case number 2023100171 will be called Sequoia’s first case.
On November 21, 2023, Parent on behalf of Student filed with OAH a request for due process hearing in OAH case number 2023110714 naming Sequoia. OAH case number 2023110714, called Student’s case, was designated as a dual case, meaning that it would be decided in two hearings, both an expedited hearing and a non-expedited hearing.
On November 21, 2023, Student filed a motion to consolidate Student’s case with Sequoia’s first case. However, Sequoia withdrew its first case on December 5, 2023.
The expedited issues in Student’s case were heard on December 19 through 21,
2023. The Expedited Decision in Student’s case was issued on January 5, 2024. On
December 29, 2023, Student was granted leave to file an amended complaint in Student’s case on Student’s non-expedited issues. The non-expedited hearing in Student’s case is scheduled to begin on February 13, 2024.
On January 19, 2024, Sequoia refiled its due process hearing request naming Student, in OAH case number 2024010672. OAH case number 2024010672 will be called Sequoia’s current case. The hearing in Sequoia’s current case is scheduled to begin on February 13, 2024.
On January 19, 2024, Sequoia filed a motion to consolidate Student’s case with Sequoia’s current case. No opposition was received from Student.
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, whether the October 2021 psychoeducational assessment of Student was appropriate, and whether the December 8, 2023, individualized education program offered Student a free appropriate public education. In addition, consolidation furthers the interests of judicial economy because the same witnesses and evidence will be presented in both cases.
Consolidation will avoid the duplication of time, expense, and resources involved in having these matters proceed to hearing separately and avoid the possibility of conflicting results. Accordingly, consolidation is granted.
1. Sequoia’s motion to consolidate is granted.
2. Student’s case, OAH case number 2023110714, is designated as the
primary case. All dates previously set in Sequoia’s current case, OAH case number 2024010672, 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 Student’s case, OAH case number 2023110714.
Alexa Hohensee Administrative Law Judge Office of Administrative Hearings