California OAH special education order · March 25, 2025
Order Granting Motion to Consolidate
OAH Case No. 2025020730, 2025030785 · ALJ Rommel P. Cruz
OAH consolidated Student's eligibility case with Mill Valley Unified's case defending its February 15, 2024 psychoeducational assessment, because both cases share common questions and the same evidence and witnesses.
This case went to decision
Student v. Mill Valley School District (consolidated): Mill Valley School District must fund occupational therapy and pragmatic language IEEs; Compass placement offer upheld and all other Student claims denied. (2025)
Summary
Mill Valley Unified asked OAH to combine its own due process case with Student's earlier-filed case. Student did not respond. Student's case claims the district failed to find him eligible under specific learning disability, based in part on the district's February 15, 2024 psychoeducational assessment, and the district's case seeks to defend that same assessment. OAH granted consolidation because the cases share common questions of law and fact and would rely on the same evidence and witnesses. Student's case is the primary case, its hearing dates control, and the 45-day decision timeline runs from Student's filing date.
Why it matters
When a district files its own case to defend an assessment that is already at issue in a parent's complaint, OAH will usually combine the two cases. A parent who does not respond to the motion gives up the chance to argue against consolidation. Because Student's case was designated primary, the parent's earlier hearing dates and timeline were kept.
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
MILL VALLEY SCHOOL DISTRICT.
OAH CASE NUMBER 2025020730
OAH CASE NUMBER 2025030785
ORDER GRANTING MOTION TO CONSOLIDATE
MARCH 25, 2025
On February 20, 2025, Parents on behalf of Student filed with the Office of Administrative Hearings, called OAH, a Request for Due Process Hearing in OAH case number 2025020730, naming Mill Valley Unified School District. OAH case number 2025020730 is referred to as Student’s Case. A Request for Due Process Hearing is called a complaint.
On March 18, 2025, Mill Valley Unified filed a complaint in OAH case number 2025030785, naming Student. OAH case number 2025030785 is referred to as Mill Valley Unified’s Case. Student’s Case and Mill Valley Unified’s Case are both set for hearing on April 8, 9, and 10, 2025.
On March 18, 2025, Mill Valley Unified filed a Motion to Consolidate Student’s Case with Mill Valley Unified’s Case. OAH did not receive a response from Student.
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, Student’s Case claims Mill Valley Unified failed to find him eligible for special education services under the category of specific learning disability, based in part on Mill Valley Unified’s February 15, 2024 psychoeducational assessment. Mill Valley Unified seeks to defend the appropriateness of its February 15, 2024 psychoeducational assessment in its case.
In addition, consolidation furthers the interests of judicial economy because the same evidence and witnesses will be presented in both cases on the issue as to whether Mill Valley Unified denied Student a free appropriate public education based in part on Mill Valley Unified’s February 15, 2024 psychoeducational assessment. Accordingly, consolidation is granted.
ORDER
1. Mill Valley Unified’s Motion to Consolidate is granted.
2. Student’s Case is designated as the primary case. All dates previously set
in Mill Valley Unified’s Case, OAH case number 2025030785, are vacated.
3. The consolidated cases shall proceed on the dates set in the Student’s
Case, OAH case number 2025020730.
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 2025020730.
IT IS SO ORDERED.
Rommel P. Cruz Administrative Law Judge Office of Administrative Hearings