California OAH special education order · January 30, 2026
Order Denying Motion to Consolidate
OAH Case No. 2025110210, 2026010399 · ALJ Clifford H. Woosley
OAH denied Student's unopposed motion to consolidate two of Student's own due process cases against Cupertino, because OAH does not consolidate cases filed by the same party; amendment is the proper tool.
This case went to decision
Student v. Cupertino Union School District: Cupertino Union wins expedited case: no disciplinary removals proven, so no manifestation determination was required. (2026)
This case went to decision
Student v. Cupertino Union School District: Cupertino Union prevails in expedited discipline case; student's exclusion from after-school program was not a disciplinary removal. (2026)
Summary
Parent filed two due process cases against Cupertino. Both had expedited and non-expedited issues. Student moved to consolidate them so all allegations would be heard in one hearing, and Cupertino did not respond. OAH denied the motion because it does not consolidate cases filed by the same party; Student should have moved to amend instead. OAH added that the first case was already one case that had gone to hearing on its expedited portion, so Student could not now fold all issues into a single amended complaint.
Why it matters
Parents who want to add new claims against the same district should move to amend the existing complaint rather than file a second case and seek consolidation. Amendment must happen more than five days before any hearing in the case starts, and an expedited hearing counts.
Key authority cited
- Gov. Code § 11507.3, subd. (a)
- Code Civ. Proc. § 1048, subd. (a)
- 20 U.S.C. § 1415(c)(2)(E)(i)
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 MATTER OF:
PARENTS ON BEHALF OF STUDENT,
v.
CUPERTINO UNION SCHOOL DISTRICT.
OAH CASE NUMBER 2025110210
OAH CASE NUMBER 2026010399
ORDER DENYING MOTION TO CONSOLIDATE
JANUARY 30, 2026
On November 5, 2025, Parent on behalf of Student filed a due process hearing request, OAH case number 2025110210, with the Office of Administrative Hearings, called OAH, naming Cupertino Unified School District as respondent. This is called Student’s Case One, which concerns both expedited and non-expedited issues.
Student’s Case One was scheduled for both an expedited hearing and a non-expedited hearing. The expedited hearing was completed on January 22, 2026. The hearing on the non-expedited issues in Student’s Case One is scheduled to begin on February 24, 2026.
On January 12, 2026, Parent filed a due process hearing request, OAH case number 2026010399, naming Cupertino Unified School District as respondent. This is called Student’s Case Two, which also concerns both expedited and non-expedited issues. Student’s Case Two was scheduled for both an expedited hearing and a non- expedited hearing. The expedited hearing in Student’s Case Two had a prehearing conference on January 26, 2026. The expedited hearing in Student’s Case Two is scheduled to begin on February 3, 2026. The hearing on the non-expedited issues in Student’s Case Two is scheduled to begin on March 3, 2026 On January 28, 2026, Parent on behalf of Student filed a Motion to Consolidate the Student’s Case One and Student’s Case Two. Cupertino did not file a response.
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, Student seeks to consolidate Student’s First Case and Student’s Second because Student wants the allegations of both cases determined in the same hearing.
However, OAH does not consolidate cases filed by the same party. Instead, Student should have filed a motion to amend the complaint.
Moreover, here, Student’s First Case has already proceeded to hearing for the expedited portion of the case. The case is considered one case with an expedited portion and a non-expedited portion. Accordingly, Student may not amend Student’s Second Case to allege all issues in both cases as Student’s First Case has already proceeded to hearing.
An amended complaint may be filed when either the other party consents in writing and is given the opportunity to resolve the complaint through a resolution session; or the hearing officer grants permission, provided the hearing officer may grant such permission at any time more than five days prior to the due process hearing. (20 U.S.C. § 1415(c)(2)(E)(i).)
ORDER
Student’s Motion to Consolidate is denied.
IT IS SO ORDERED.
Clifford H. Woosley Administrative Law Judge Office of Administrative Hearings