California OAH special education order · September 8, 2025
Order Granting Motion to Consolidate and Denying Motion to Continue as Moot
OAH Case No. 2025090144, 2025050402 · ALJ Charles Marson
OAH consolidated Student's and San Diego's cases because both turn on the adequacy of the same March 11, 2025, multidisciplinary assessment, and denied San Diego's backup continuance motion as moot.
This case went to decision
Student v. San Diego Unified School District (consolidated): San Diego Unified must reimburse $59,240 and fund three IEEs for a student who communicates only by eye-gaze device. (2026)
Summary
San Diego filed a case asking OAH to find its March 11, 2025, multidisciplinary assessment appropriate. Student later filed her own case challenging that same assessment and the IEP offer based on it, and moved to consolidate the two cases. San Diego did not oppose. OAH granted consolidation because the cases share a common question of law or fact, will involve many of the same witnesses and documents, and could otherwise produce inconsistent rulings. Student's case became the primary case and its hearing dates were kept, so San Diego's conditional motion to continue was denied as moot.
Why it matters
When a district files to defend its assessment, a parent can file a case challenging that same assessment and ask to consolidate. This lets both disputes be decided together, and the parent's case can become the primary case that sets the 45-day decision timeline.
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
SAN DIEGO UNIFIED SCHOOL DISTRICT,
OAH CASE NUMBER 2025090144
OAH CASE NUMBER 2025050402
ORDER GRANTING MOTION TO CONSOLIDATE AND
DENYING MOTION TO CONTINUE AS MOOT
SEPTEMBER 8, 2025
On May 9, 2025, the San Diego Unified School District filed with the Office of Administrative Hearings a Request for Due Process Hearing in OAH case number 2025050402, San Diego’s Case, naming Student.
On September 3, 2025, Student filed a Request for Due Process Hearing in OAH case number 2025090144, Student’s Case, naming San Diego. On September 3, 2025, Student also filed a motion to consolidate the two cases. On September 3, 2025, San Diego filed a non-opposition to the motion to consolidate. On September 4, 2025, San Diego filed a motion to continue if OAH chose not to consolidate the cases.
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, both cases involve a common question of law or fact, specifically, the adequacy and legality of San Diego’s March 11, 2025, multidisciplinary assessment in the areas of psychoeducation, physical therapy, and occupational therapy. San Diego seeks an order finding the multidisciplinary assessment appropriate and legally compliant, while Student, in her case, alleges that the same assessment was inadequate and inappropriate, did not accurately portray Student’s needs, and led to an inadequate IEP offer. San Diego does not oppose the motion. In addition, consolidation furthers the interests of judicial economy because the two cases will involve many of the same witnesses and documents. Consolidation will also prevent inconsistent judgments.
Accordingly, consolidation is granted.
ORDER
1. Student’s Motion to Consolidate is granted.
2. Student’s Case, OAH number 2025090144, is designated as the primary
case. All dates previously set in San Diego’s Case, OAH case number 2025050402, are vacated.
3. 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 2025090144. That matter is now calendared for prehearing conference on October 13, 2025, at 3:00 p.m., and for due process hearing on October 21, 22, and 23, 2025. Those dates are confirmed.
4. San Diego’s motion to continue the hearing is denied as moot.
IT IS SO ORDERED.
Charles Marson Administrative Law Judge Office of Administrative Hearings