California OAH special education order · October 31, 2024
Order Granting Motion to Consolidate
OAH Case No. 2024070165, 2024101050 · ALJ Clifford H. Woosley
OAH consolidated Saddleback Valley's assessment case with Student's FAPE case because both turn on whether the district's April 2024 assessments were legally appropriate. Student's case was made the primary case.
This case went to decision
Student v. Saddleback Valley Unified School District (consolidated): Saddleback Valley Unified need not fund three IEEs and may implement its special day class IEP offer without consent. (2025)
Summary
Saddleback Valley filed a case asking OAH to find its April 2024 psychoeducational, speech and language, and occupational therapy assessments appropriate, so it would not have to fund independent educational evaluations. Student later filed a case claiming the April 2024 IEP, which relied on those assessments, denied a FAPE, and moved to consolidate the two cases. The district did not oppose. OAH granted consolidation because both cases share a common issue, the appropriateness of the assessments, and the same witnesses and documents. Student's case was designated the primary case, so its hearing dates and 45-day decision timeline control.
Why it matters
When a district files to defend its assessments against an independent educational evaluation request, a parent can file their own FAPE case and ask to consolidate. If the parent's case becomes the primary case, its schedule and decision timeline govern the combined hearing.
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
SADDLEBACK VALLEY UNIFIED SCHOOL DISTRICT
OAH CASE NUMBER 2024070165
OAH CASE NUMBER 2024070165
ORDER GRANTING MOTION TO CONSOLIDATE
October 31, 2024 On July 5, 2024, Saddleback Valley Unified School District filed a Request for Due Process Hearing in OAH case number 2024070165, naming Student. This is referred to as Saddleback Valley’s Case.
On October 29, 2024, Student filed with the Office of Administrative Hearings a Request for Due Process Hearing in OAH case number 2024101050, naming, Saddleback Valley Unified School District as respondent. This is referred to as Student’s Case.
On October 29, 2024, Student filed a Motion to Consolidate Student’s Case and Saddleback Valley’s Case. On October 31, 2024, OAH received Saddleback Valley’s 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. Saddleback Valley’s Case seeks a determination that its April 2024 multidisciplinary assessments, including psychoeducational, speech and language, and occupational therapy, were legally appropriate and that Saddleback Valley is not obligated to fund Student’s request for independent educational evaluations. Student’s Case asserts that Saddleback Valley denied Student a FAPE because the educational program it offered in the April 2024 IEP, which used the April 2024 multidisciplinary assessment, failed to meet Student’s needs.
The legal appropriateness of Saddleback Valley’s assessments is an issue in both cases.
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. 2024101050, is designated as the Primary
Case.
3. All dates previously set in Saddleback Valley’s Case, OAH case number
2024070165, are vacated.
4. The consolidated matters shall proceed on the dates set in the Student’s
Case, OAH Case No. 2024101050.
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. 2024101050.
IT IS SO ORDERED.
Clifford H. Woosley Administrative Law Judge Office of Administrative Hearings