California OAH special education order · June 16, 2025
Order Granting Motion to Consolidate
OAH Case No. 2025050347, 2025060128 · ALJ Laurie Gorsline
OAH consolidated Student's and Glendale Unified's due process cases over the District's objection, because both concern the appropriateness of Student's 2024 initial assessment and share witnesses and evidence.
Summary
Student moved to consolidate Student's due process case with a later case Glendale Unified filed against Student. The District opposed, arguing that Student's case greatly expands the scope beyond the single issue in the District's case. OAH granted consolidation because both cases involve the appropriateness of the 2024 initial assessment and would use many of the same witnesses and documents. Student's case became the primary case, keeping its mediation, prehearing conference, and October 14-16, 2025 hearing dates, with the 45-day decision timeline based on Student's filing date.
Why it matters
A district cannot avoid consolidation by arguing that the parent's case is broader than its own. Overlap on a key issue, like an assessment, can be enough, and the parent's earlier-filed case may control the schedule and timeline.
Key authority cited
- Gov. Code, § 11507.3, subd. (a)
- Code Civ. Proc., § 1048, subd. (a)
- Letter to Baus (OSEP 2015)
- Letter to Carroll (OSEP 2016)
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
GLENDALE UNIFIED SCHOOL DISTRICT,
OAH CASE NUMBER 2025050347
OAH CASE NUMBER 2025060128
ORDER GRANTING MOTION TO CONSOLIDATE
JUNE 16, 2025
On May 8, 2025, Student filed with the Office of Administrative Hearings, called OAH, a Request for Due Process Hearing in OAH case number 2025050347, naming Glendale Unified School District. OAH case number 2025050347 is called Student’s Case. On June 3, 2025, OAH granted the parties’ joint request for continuance of the prehearing conference to October 3, 2025, and the due process hearing to October 14 through 16, 2025, so the parties could participate in mediation on August 18, 2025.
On June 4, 2025, Glendale Unified School District filed a Request for Due Process Hearing in OAH case number 2025060128, naming Student. OAH case number 2025060128 is called District’s Case.
On June 10, 2025, Student filed a Motion to Consolidate Student’s Case with District’s Case. On June 13, 2025, Glendale Unified filed opposition to the motion.
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].)
Here, Glendale Unified opposed consolidation on the grounds that Student’s case significantly expands the scope of the litigation beyond the single issue raised in District’s Case. However, both cases involve a common question of law or fact.
Specifically, both cases concern the appropriateness of the 2024 initial assessment of Student. (See e.g., Letter to Baus (OSEP) February 23, 2015); see also, Letter to Carroll (OSEP) October 22, 2016.) In addition, consolidation furthers the interests of judicial economy because many of the same witnesses and documentary evidence regarding the same period will be presented in both cases. Accordingly, consolidation is granted.
ORDER
1. Student’s Motion to Consolidate is granted.
2. Student’s Case is designated as the primary case. All dates previously set
in District’s Case, OAH case number 2025060128 are vacated.
3. All dates in Student’s Case are confirmed for the consolidated matter.
Mediation in the consolidated matter shall be held on the currently scheduled date set in Student’s Case, August 18, 2025, at 1:30 PM. The Prehearing Conference in the consolidated cases shall be held on October 3, 2025, at 10:00 AM, and the Due Process Hearing in the consolidated cases shall be held on October 14 through 16, 2025, beginning at 9:30 AM on all days, continuing day to day as needed at the discretion of the Administrative Law Judge.
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 2025050347.
IT IS SO ORDERED.
Laurie Gorsline Administrative Law Judge Office of Administrative Hearings