California OAH special education order · October 7, 2024
Order Granting Motion to Consolidate
OAH Case No. 2024100217, 2024100146 · ALJ Linda Dowd
OAH consolidated Student's and Santa Rosa Academy's due process cases because both concern the same amended IEP, involve the same witnesses and evidence, and Student did not object.
This case went to decision
Student v. Santa Rosa Academy Charter School (consolidated): Santa Rosa Academy Charter School must provide counseling, social skills training, and $12,250 in behavior services; settlement claims rejected. (2025)
Summary
Student and Santa Rosa Academy each filed a due process complaint on October 3, 2024. Santa Rosa Academy moved to consolidate the two cases, and Student did not object. OAH granted the motion because both cases involve the August 17, 2023, IEP as amended on May 26, 2024, and share the same witnesses and similar documents. Student's case was made the primary case, so the 45-day decision timeline runs from the filing date of Student's complaint.
Why it matters
When both sides file complaints about the same IEP, OAH will usually combine them into one hearing. Making the parent's case the primary case means the decision timeline is set by the parent's filing date.
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:
PARENTS ON BEHALF OF STUDENT,
and
SANTA ROSA ACADEMY,
OAH CASE NUMBER 2024100217
OAH CASE NUMBER 2024100146
ORDER GRANTING MOTION TO CONSOLIDATE
OCTOBER 7, 2024
On October 3, 2024, Student filed with the Office of Administrative Hearings, called OAH, a request for due process hearing in OAH case number 2024100217, Student’s Case, naming Santa Rosa Academy. On October 3, 2024, Santa Rosa Academy filed a request for due process hearing in OAH case number 2024100146, Santa Rosa Academy’s Case, naming Student.
On October 4, 2024, Santa Rosa Academy filed a motion to consolidate the cases.
Student does not object to the motion.
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, the August 17, 2023, individualized education program that was amended on May 26, 2024.
Student does not oppose the motion. In addition, consolidation furthers the interests of judicial economy because both cases involve the same witnesses and similar documentary evidence. Accordingly, consolidation is granted.
ORDER
1. Santa Rosa Academy’s motion to consolidate is granted.
2. Student’s Case is designated as the primary case. All dates previously set
in Santa Rosa Academy’s Case, OAH case number 2024100146, 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 2024100217.
Linda Dowd Administrative Law Judge Office of Administrative Hearings