California OAH special education order · February 18, 2026
Order Granting Motion To Consolidate
OAH Case No. 2026011066, 2026020339 · ALJ Kara Hatfield
OAH consolidated Student's and San Benito's cases over Student's objection because both turn on whether San Benito timely funded requested independent educational evaluations or timely filed to defend its assessments.
This case went to decision
Student v. San Benito High School District (consolidated): San Benito High School District wins all four issues and need not fund IEEs after parents proposed unreachable, distant assessors. (2026)
Summary
Student filed for due process against San Benito High School District, and San Benito then filed its own case and moved to consolidate. Student opposed, arguing consolidation might expand the issues beyond independent educational evaluations. OAH granted consolidation because both cases share a common question: whether San Benito timely funded the requested IEEs or timely filed to defend its assessments. Student's case was made the primary case, and its prehearing conference, hearing dates, and 45-day decision timeline were kept.
Why it matters
When a parent requests an IEE and the district files its own case to defend its assessment, OAH will usually combine the two cases even if the parent objects. Making the parent's case the primary case keeps the parent's earlier hearing dates and 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 BENITO HIGH SCHOOL DISTRICT.
OAH CASE NUMBER 2026011066
OAH CASE NUMBER 2026020339
ORDER GRANTING MOTION TO CONSOLIDATE
FEBRUARY 18, 2026
On January 28, 2026, Student filed with the Office of Administrative Hearings, called OAH, a Request for Due Process Hearing in OAH case number 2026011066, Student’s Case, naming San Benito High School District.
On February 5, 2026, San Benito High School District filed a Request for Due Process Hearing in OAH case number 2026020339, San Benito’s Case, naming Student.
On February 5, 2026, San Benito moved to consolidate the cases.
On February 6, 2026, Student opposed consolidation on the ground that it might change the scope of the issues beyond independent educational evaluations.
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, whether San Benito timely funded independent educational evaluations Student requested or timely filed to defend the assessments San Benito conducted after Parent disagreed with them. Accordingly, consolidation is granted.
ORDER
1. San Benito High School District’s Motion to Consolidate is granted.
2. Student’s Case is designated as the primary case. All dates previously set
in San Benito’s Case, OAH case number 2026020339, are vacated.
3. The Prehearing Conference in the consolidated cases shall be held on the
date scheduled in Student’s Case, March 6, 2026, at 1:00 PM, and the Due Process Hearing in the consolidated cases shall be held on the dates scheduled in Student’s Case, March 17, 18, and 19, 2026, 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 2026011066.
IT IS SO ORDERED.
Kara Hatfield Administrative Law Judge Office of Administrative Hearings