California OAH special education order · February 22, 2024
Order Granting Motion to Consolidate
OAH Case No. 2024020654, 2023110872 · ALJ Clifford H. Woosley
OAH consolidated Student's and Escondido Union's due process cases because they share common issues, witnesses, and evidence. Student's case became the primary case, and the district did not oppose.
This case went to decision
Student v. Escondido Union High School District (consolidated): On remand, ALJ again finds Escondido Union High's psychoeducational and speech assessments deficient; earlier rulings and remedies for Student stand. (2026)
Summary
Student moved to consolidate Student's new due process case with Escondido Union's earlier-filed case. Escondido Union filed a notice of non-opposition. OAH granted the motion because two of Student's issues overlap with the district's case, the other four concern the district's assessments and FAPE offer, and both cases involve the same witnesses and documents. Student's case was designated the primary case. Dates in the district's case were vacated, and the 45-day decision timeline now runs from the filing of Student's complaint.
Why it matters
A parent who files a complaint after the district has already filed can move to consolidate and have their own case designated primary, so the hearing follows the parent's schedule and timeline. This avoids defending a separate district case on an earlier track.
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 MATTERS OF:
PARENTS ON BEHALF OF STUDENT,
AND
ESCONDIDO UNION HIGH SCHOOL DISTRICT.
OAH CASE NUMBER 2024020654
OAH CASE NUMBER 2023110872
ORDER GRANTING MOTION TO CONSOLIDATE
FEBRUARY 22, 2024
On November 20, 2023, Excondido Union High School District filed a Request for Due Process Hearing in OAH case number 2023110872, naming Student. This is referred to as Escondido Union’s Case.
On February 20, 2024, Student filed with the Office of Administrative Hearings a Request for Due Process Hearing in OAH case number 2024020654, naming Escondido Union High School District. This is referred to as Student’s Case.
On February 20, 2024, Student filed a Motion to Consolidate Student’s Case and Escondido Union’s Case. On February 22, 2024, Escondido Union filed notice of non- opposition to Student’s motion to consolidate.
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. The Student filed on two issues that are in Escondido Union’s Case, and the other four issues are related to the Escondido Union’s assessments and offer of FAPE. Consolidation furthers the interests of judicial economy because both cases involve the same witnesses and documentary evidence. Accordingly, consolidation is granted.
ORDER
1. Student’s Motion to Consolidate is granted.
2. Student’s Case, OAH Case No. 2024020654, is designated as the Primary
Case.
3. All dates previously set in Escondido Union’s Case, OAH case number
2023110872, are vacated.
4. The consolidated matters shall proceed on the dates previously set for
hearing in the Student’s Case, OAH Case No. 2024020654.
5. 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 Primary Case, OAH Case No. 2024020654.
IT IS SO ORDERED.
Clifford H. Woosley Administrative Law Judge Office of Administrative Hearings