California OAH special education order · February 10, 2025
Order Granting Motion to Consolidate
OAH Case No. 2025020084, 2024120612 · ALJ Clifford H. Woosley
OAH consolidated Student's FAPE case with Los Alamitos' case defending its IEP over the district's objection, because both involve the same FAPE questions, witnesses, and evidence.
Summary
Los Alamitos filed a due process case seeking a ruling that its September 2024 annual IEP offered a FAPE so it could implement the IEP without Parents' consent. Student later filed a case alleging FAPE denials from February 2023 through the 2024-2025 school year and moved to consolidate. Los Alamitos opposed, arguing that Parents had dismissed two earlier cases shortly before hearing to delay resolution and keep stay put, and that consolidation would delay its hearing. OAH granted the motion because the cases share common questions of law and fact, witnesses, and documents, and consolidation prevents inconsistent rulings. Student's case was made the primary case, and the dates in the district's case were vacated.
Why it matters
A district's complaint can be folded into a later-filed parent case and put on the parent's schedule, even when the district argues delay, if the cases overlap on whether a FAPE was offered. Here OAH did not rule on the district's claims that earlier dismissals were made to delay resolution and preserve stay put.
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
LOS ALAMITOS UNIFIED SCHOOL DISTRICT,
OAH CASE NUMBER 2025020084
OAH CASE NUMBER 2024120612
ORDER GRANTING MOTION TO CONSOLIDATE
FEBRUARY 10, 2025
On December 18, 2024, Los Alamitos Unified School District filed a Request for Due Process Hearing in OAH case number 2024120612, naming Student. This is referred to as Los Alamitos’ Case.
On February 3, 2025, Student filed with the Office of Administrative Hearings a Request for Due Process Hearing in OAH case number 2025020084, naming, Los Alamitos Unified School District as respondent. This is referred to as Student’s Case.
On February 3, 2025, Student filed a Motion to Consolidate Student’s Case and Los Alamitos’ Case. On February 5, 2025, Los Alamitos filed opposition to Student’s motion to consolidate the cases. Student filed a response to the opposition on February 6, 2025.
DISCUSSION
Los Alamitos opposes consolidation, asserting that consolidation will delay resolution of a longstanding impasse with Parents regarding Student’s program, to the detriment of Student. Parents filed two prior due process requests, which asserted that Los Alamitos had not offered Student a FAPE since 2022. Los Alamitos states that Parents dismissed both cases shortly before hearing, without prejudice, for purposes of delaying resolution and maintaining “stay put.” Los Alamitos maintains that granting consolidation will delay hearing on Los Alamitos’ complaint, while Student remains in a program where Student is not making progress and not receiving FAPE.
The two prior due process matters, filed by Parents, were each consolidated with due process requests filed by Los Alamitos. Los Alamitos’ consolidated complaints were for purposes of defending its assessments and did not allege the FAPE sufficiency of Los Alamitos’ program.
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].)
The question is whether these two matters meet the commonly accepted criteria for consolidation. Here, both cases involve common questions of law or fact. Los Alamitos’ Case seeks a determination that its September 10, 2024, annual IEP, developed over five IEP team meetings through November 18, 2024, offered Student a FAPE, such that Los Alamitos may implement the IEP without Parents’ consent. Student’s Case asserts that Los Alamitos failed to offer and provide a FAPE to Student from about February 3, 2023, through the 2024-2025 school year. Student’s Case includes claims that Los Alamitos did not provide a FAPE during the same time period, which is the basis of Los Alamitos’ Case.
Consolidation furthers the interests of judicial economy because both cases involve the same witnesses and documentary evidence and prevents inconsistent rulings. Accordingly, consolidation is granted.
ORDER
1. Student’s Motion to Consolidate is granted.
2. Student’s Case, OAH Case No. 2025020084, is designated as the Primary
Case.
3. All dates previously set in Los Alamitos’ Case, OAH case number
2024120612, are vacated.
4. The consolidated matters shall proceed on the dates set in the Student’s
Case, OAH Case No. 2025020084.
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. 2025020084.
IT IS SO ORDERED.
Clifford H. Woosley Administrative Law Judge Office of Administrative Hearings