California OAH special education order · August 8, 2023
Order Denying District's Motion to Consolidate Student's Two Requests for Due Process Hearing
OAH Case No. 2023070720 · ALJ Clifford H. Woosley
OAH denied Washington Unified's motion to consolidate Student's two due process cases because the District did not show the cases shared the same witnesses and evidence, and Student opposed.
Summary
Student filed two due process complaints against Washington Unified. The first challenged the District's refusal to let Parent use earlier settlement funds to buy Student a computer. The second raised issues from Student's May 2023 IEP. The District moved to consolidate the two cases, and Student opposed. OAH denied the motion because the District did not show the two cases involved the same witnesses and documents, and Student wanted separate hearings.
Why it matters
A district that wants to combine a family's cases must show real overlap in issues, witnesses, and evidence. A student may keep unrelated disputes in separate hearings, and could instead amend a complaint if they want everything heard together.
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 MATTER OF:
PARENTS ON BEHALF OF STUDENT
V.
WASHINGTON UNIFIED SCHOOL DISTRICT.
OAH CASE NUMBER 2023070720
ORDER DENYING DISTRICT’S MOTION TO CONSOLIDATE
STUDENT’S TWO REQUESTS FOR DUE PROCESS HEARING
AUGUST 08, 2023
On July 13, 2023, Student filed a request for due process hearing, with the Office of Administrative Hearings, OAH Case No. 2023070351, naming Washington Unified School District, called Student First Complaint.
On July 24, 2023, Student filed a request for due process hearing, naming Washington Unified, OAH Case No. 2023070720, which is called Student’s Second Complaint.
On August 3, 2023, Student filed opposition, objecting to the consolidation of Student’s two complaints.
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, Student’s First Complaint challenges Washington Unified’s denial of Parent’s request to use previous settlement funds to purchase a computer for Student.
Student’s Second Complaint addresses issues arising from Student May 2023 IEP.
Washington Unified has not demonstrated that these two issues involve the same witnesses and documentary evidence, which would warrant consolidation of Student’s two cases.
If Student wishes to have both cases heard at the same time, Student could move to amend Student’s First Complaint to add the allegations of Student’s Second Complaint. However, Student opposes the consolidation, and intends to exercise his right to seek separate hearings on these two issues.
ORDER
1. Washington Unified School District’s Motion to Consolidate is denied.
IT IS SO ORDERED.
Clifford H. Woosley Administrative Law Judge Office of Administrative Hearings