California OAH special education order · August 14, 2024
Order Granting Motion to Consolidate
OAH Case No. 2024080334, 2024070777 · ALJ Penelope S. Pahl
OAH consolidated Student's and Redondo Beach's due process cases because both involve the same nonpublic school placement and FAPE questions, the same witnesses and evidence, and the motion was unopposed.
This case went to decision
Student v. Redondo Beach Unified School District (consolidated): Redondo Beach Unified may place student at HELP Group nonpublic school without parent consent; all ten student claims denied. (2025)
Summary
Redondo Beach filed a due process complaint against Student. Student then filed a complaint and asked OAH to consolidate the two cases, and Redondo Beach said it did not oppose. OAH granted consolidation because both cases raise common questions about whether the IEP's nonpublic school placement was the least restrictive environment and whether the offered services were a FAPE, and because the cases share witnesses and documents. Student's case became the primary case, which sets the hearing dates and the 45-day decision timeline. Redondo Beach's earlier dates were vacated except the August 22, 2024 mediation.
Why it matters
When a district files first, a parent can file their own complaint and move to consolidate. If Student's case is designated primary, the hearing dates and the 45-day decision timeline run from the parent's filing.
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
REDONDO BEACH UNIFIED SCHOOL DISTRICT,
OAH CASE NUMBER 2024080334
OAH CASE NUMBER 2024070777
ORDER GRANTING MOTION TO CONSOLIDATE
AUGUST 14, 2024
On July 23, 2024, Redondo Beach Unified School District filed a Request for Due Process Hearing, also called a complaint, with the Office of Administrative Hearings, called OAH, naming Student as respondent, in OAH case number 2024070777 (Redondo Beach’s case). On July 30, 2024, an order granting the parties’ request for mediation and a continuance was granted in Redondo Beach’s case on July 20, 2024, scheduling mediation for August 22, 2024.
On August 8, 2024, Student filed a request for due process hearing, naming Redondo Beach Unified School District as respondent, in OAH case number 2024080334 (Student’s case). On August 9, 2024, Student filed a motion to consolidate the two cases. Redondo Beach filed a notice with OAH on August 12, 2024 stating it did not oppose the consolidation. Although Student’s motion also included a motion to continue, such a motion was not actually made as to the dates scheduled in Student’s case. Rather, Student, apparently cautiously, included the request, stating, “There is good cause to continue the proceedings concerning the District’s complaint so that it can be heard with Student’s complaint as a consolidated matter.” However, here, Redondo Beach’s dates are vacated as explained later in this order.
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 Student’s and Redondo Beach’s cases involve common questions of law and fact, including whether the individualized educational program. or IEP, offering Student placement in a non-public school, offered Student placement in the least restrictive environment; and whether services offered in Student constituted a free, appropriate public education, or FAPE. The motion was not opposed. In addition, consolidation furthers the interests of judicial economy because resolution of both cases involves testimony from the same witnesses and consideration of the same documentary evidence. Accordingly, consolidation is granted.
ORDER
1. Student’s Motion to Consolidate is granted.
2. Student’s Case, OAH case number 2024080334 is designated as the
primary case. The consolidated cases shall proceed on the dates ordered in the scheduling order in Student’s case.
3. All dates previously set in Redondo Beach’s Case, OAH case number
2024070777, are vacated except the mediation date scheduled for August 22, 2024.
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 2024080334.
IT IS SO ORDERED.
Penelope S. Pahl Administrative Law Judge Office of Administrative Hearings