California OAH special education order · September 19, 2025
Order Granting Motion to Consolidate
OAH Case No. 2025090487, 2025090130 · ALJ Robert G. Martin
OAH granted Student's unopposed motion to consolidate the cases because both turn on the same West Covina IEP offers. The District's FAPE claim will be heard with Student's non-expedited issues.
This case went to decision
Student v. West Covina Unified School District (consolidated): West Covina Unified wins all 18 of Student's claims over its nonpublic school offer but cannot implement its May 2025 IEP without consent. (2026)
Summary
West Covina filed a due process case asking OAH to find that its November 15, 2024 IEP, as amended May 20, 2025, offered Student a FAPE in the least restrictive environment. Student then filed a case with expedited and non-expedited issues, including predetermination, placement, the lack of a behavior intervention plan, and insufficient services, and moved to consolidate the two cases. West Covina did not oppose. OAH granted consolidation because the cases share common questions of law and fact and many of the same witnesses and documents. Student's case is the primary case, the District's September hearing dates were vacated, and the District's issue will be heard with Student's non-expedited issues on October 28 to 30, 2025, while Student's expedited hearing dates stay the same.
Why it matters
When a district files first to defend its IEP, the parent can file their own case and ask to consolidate. Doing so can make the parent's case the primary one, control the hearing dates and the decision timeline, and still protect the right to a fast expedited hearing on discipline-related issues.
Key authority cited
- Gov. Code, § 11507.3, subd. (a)
- Code Civ. Proc., § 1048, subd. (a)
- 20 U.S.C. § 1415(k)(4)(B)
- 34 C.F.R. § 300.532(c)(2)
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
WEST COVINA UNIFIED SCHOOL DISTRICT,
OAH CASE NUMBER 2025090487
OAH CASE NUMBER 2025090130
ORDER GRANTING MOTION TO CONSOLIDATE
SEPTEMBER 19, 2025
On August 29, 2025, West Covina Unified School District filed with the Office of Administrative Hearings, called OAH, a Request for Due Process Hearing naming Student in OAH Case no. 2025090130, called District’s Case. On September 12, 2025, Student filed a Request for Due Process Hearing naming West Covina in OAH Case no.
2025090487, called Student’s Case. Student’s Case alleges both expedited and non- expedited issues.
On September 17, 2025, Student filed a motion to consolidate District’s Case and Students Case, in each case. On September 18, 2025, West Covina filed a non- opposition to Student’s motion in each case.
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 cases that involve the same parties, a common question of law and/or fact, and when consolidation of the cases furthers the interests of judicial economy by saving time or preventing inconsistent rulings. (See Gov. Code, § 11507.3, subd. (a); Code of Civ. Proc., § 1048, subd. (a).)
Here, Student’s Case and District’s Case involve common questions of law and fact related to West Covina’s IEP offers to Student. West Covina’s issue in District’s Case whether West Covina’s November 15, 2024 individualized education program, for Student, called an IEP, as amended May 20, 2025, offered Student a free appropriate public education, or FAPE, in the least restrictive environment appropriate for Student.
In Student’s Case, Student’s non-expedited issues include whether West Covina predetermined its November 15, 2024 IEP offer, and whether the November 15, 2024 IEP offer, May 20, 2025 IEP, and subsequent IEP’s, denied Student a FAPE by failing to offer Student placement in the least restrictive environment for Student, failing to offer Student a behavior intervention plan, and failing to offer Student sufficient related services and supports to address his needs.
Consolidation furthers the interests of judicial economy because both cases will involve many of the same witnesses, documents, and factual questions. West Covina does not oppose Student’s motion. Also, consolidation of District’s Case to be heard at the same time as the non-expedited issues in Student’s Case will not prejudice Student’s right to an expedited due process hearing of Student’s expedited issues within 20 school days of the filing of Student’s due process hearing request. (20 U.S.C. § 1415(k)(4)(B); 34 C.F.R. § 300.532(c)(2).).
Accordingly, consolidation is granted.
ORDER
1. Student’s Motion to Consolidate is granted.
2. Student’s Case no. 2025090487is designated as the primary case. The
previous September 23, 24, and 25, 2025 hearing dates in District’s Case number 2025090130 are vacated.
3. The consolidated matters shall proceed on the dates set for hearing in
Student’s Case, with the expedited hearing dates remaining the same and West Covina’s issue to be heard on the same hearing dates as Student’s non-expedited issues, presently set for hearing on October 28, 29, and 30, 2025.
4. The 45-day timeline for issuance of the non-expedited decision in the
consolidated cases shall be based on the date of the filing of the complaint in Student’s Case number 2025090487.
IT IS SO ORDERED.
Robert G. Martin Administrative Law Judge Office of Administrative Hearings