California OAH special education order · November 25, 2024
Order Denying District's Motion to Consolidate Student's Two Requests for Due Process Hearing
OAH Case No. 2024110089 · ALJ Thanayi Lindsey
OAH denied Washington's unopposed motion to consolidate Student's two complaints because OAH does not combine two complaints from the same party. Student must instead move to amend the first complaint.
This case went to decision
Student v. Washington Unified School District: Washington Unified failed its child find duty to a 12th grader, but the ALJ found no FAPE denial; all claims denied. (2025)
Summary
Student filed a due process complaint against Washington alleging FAPE denials over records, the IEP meeting, assessments, the IEP, and bullying. Ten days later Student filed a second complaint that repeated the same facts and added a challenge to a November 4, 2024 assessment and a request for a safety plan. Washington moved to consolidate the two cases, and Student did not oppose. OAH denied the motion because it does not combine two complaints by the same party. The proper procedure is for Student to move to amend the original complaint and dismiss the extra complaint.
Why it matters
Parents who want to add new claims, such as a challenge to a newer assessment, should file a motion to amend the existing complaint rather than a second complaint. OAH will not consolidate duplicate filings from the same party, even when both sides agree.
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 INVOLVING:
PARENT ON BEHALF OF STUDENT,
v.
WASHINGTON UNIFIED SCHOOL DISTRICT.
OAH CASE NUMBER 2024110089
ORDER DENYING DISTRICT’S MOTION TO CONSOLIDATE
STUDENT’S TWO REQUESTS FOR DUE PROCESS HEARING
NOVEMBER 25, 2024
On November 2, 2024, Student filed with the Office of Administrative Hearings, referred to as OAH, a request for due process hearing, referred to as a complaint, in case number 2024110089, naming Washington Unified District.
On November 12, 2024, Student filed a second complaint with OAH in case number 2024110310, naming Washington.
On November 18, 2024, Washington filed a motion to consolidate Student’s two due process cases. On November 19, 2024, Student filed a response indicating they did not oppose the motion to consolidate.
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, Student’s first complaint alleges Washington denied Student a free and appropriate public education, called FAPE, by:
• failing to produce copies of Student’s school records and hold a timely
individualized education program, called an IEP, team meeting;
• failing to assess Student in all areas of suspected disability;
• failing to design and implement an IEP; and
• failing to protect Student from bullying.
Student’s second complaint attempts to amend the first complaint by realleging the same facts in the first complaint, by alleging the appropriateness of a November 4, 2024 assessment, and by adding a safety plan to Student’s proposed resolutions.
OAH does not combine two complaints by the same party. The proper procedure to correct or add new allegations to a complaint is for Student to file a motion to amend their original complaint and dismiss the superfluous complaint. Accordingly, the motion to consolidate is denied.
Accordingly, Washington Unified District’s Motion to Consolidate is denied.
IT IS SO ORDERED.
Thanayi Lindsey Thanayi Lindsey (Nov 26, 2024 10:23 PST)
Thanayi Lindsey Administrative Law Judge Office of Administrative Hearings