California OAH special education order · October 23, 2024
Order Denying Motion to Consolidate
OAH Case No. 2024100609, 2024100187 · ALJ Deborah Myers-Cregar
OAH denied Student's motion to consolidate Student's case with Escondido's expedited and non-expedited case because OAH will not consolidate an expedited case with a non-expedited case.
This case went to decision
Escondido Union School District v. Student: Escondido Union School District may not implement its placement change without consent because no general education teacher attended IEP meetings. (2025)
Summary
Escondido filed a case with both expedited and non-expedited claims, and its expedited hearing was set for October 29, 2024. Student later filed a separate due process case and asked to consolidate the two. Escondido objected, arguing the cases did not share the same facts or law. OAH denied the motion because it will not consolidate an expedited case with a non-expedited case, but said Student may refile the motion after the expedited decision issues in Escondido's case.
Why it matters
When a district's case includes expedited claims, parents generally cannot combine their own non-expedited case with it until the expedited hearing is decided. Families should plan to renew a consolidation motion after the expedited decision.
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.
ESCONDIDO UNION SCHOOL DISTRICT.
OAH CASE NUMBER 2024100609
ORDER DENYING MOTION TO CONSOLIDATE
OCTOBER 23, 2024
On October 4, 2024, Escondido Union School District, called Escondido, filed with the Office of Administrative Hearings a Request for Expedited and Non-Expedited Due Process Hearing in OAH case number 2024100187, Escondido’s Case, naming Student.
Escondido’s expedited due process hearing is scheduled to begin October 29, 2024.
On October 16, 2024, Student filed a Request for Due Process Hearing in OAH case number 2024100609, Student’s Case, naming Escondido.
On October 17, 2024, Student filed a Motion to Consolidate the cases.
On October 21, 2024, Escondido filed an objection to consolidation on the ground that Student’s Case and Escondido’s Case did not involve the same set of facts or law.
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].)
However, OAH will not consolidate an expedited case with another non- expedited case. Student may refile the motion once the expedited Decision has been issued in Escondido’s Case.
ORDER
Student’s Motion to Consolidate is denied.
IT IS SO ORDERED.
Deborah Myers-Cregar Administrative Law Judge Office of Administrative Hearings