California OAH special education order · July 20, 2026
Order Denying Student's Motion to Consolidate
OAH Case No. 2026070481 · ALJ Clifford H. Woosley
OAH denied Student's request to consolidate with Manteca's case, without prejudice, because Manteca's case includes expedited issues that must be heard and decided before any consolidation.
This case went to decision
Manteca Unified School District v. Student: Manteca Unified may move a second grader with autism to the county's Believe Program for up to 45 school days. (2026)
Summary
Parent, without an attorney, asked in Student's complaint that Manteca's earlier-filed case be consolidated with Student's case. Manteca's case sought both an expedited hearing and a non-expedited hearing, and Manteca filed a non-opposition to consolidating only its non-expedited issues. OAH found that Student's case and Manteca's non-expedited issues share common questions of law or fact. It still denied consolidation without prejudice, because expedited issues cannot be consolidated with non-expedited issues and consolidation is unavailable until the expedited decision issues. The parties may ask again after that decision.
Why it matters
When a district's case includes expedited issues, such as discipline or removal, a parent's request to combine cases will be denied until the expedited hearing is decided. Families should plan to renew the consolidation request right after the expedited decision issues.
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 MATTER OF:
PARENT ON BEHALF OF STUDENT
V.
MANTECA UNIFIED SCHOOL DISTRICT.
OAH CASE NUMBER 2026070481
ORDER DENYING STUDENT’S MOTION TO CONSOLIDATE
JULY 20, 2026
On July 10, 2026, Parent on behalf of Student filed a Request for Due Process Hearing in OAH case number 2026070481, Student’s Case, naming Manteca Unified School District. Student is not represented by an attorney.
On July 2, 2026, Manteca Unified School District filed a Request for Due Process Hearing in OAH case number 2026070274, Manteca’s Case, naming Student and seeking both an expedited hearing and a non-expedited hearing. OAH set a hearing on the expedited issue and a separate hearing for the non-expedited issues.
On page 3, Section 11, of Student’s Complaint, Student requests that Manteca’s Case be consolidated with Student’s Case. On July 15, 2026, Manteca filed Notice of Non-Opposition to Student’s request to consolidate the non-expedited issues of Manteca’s Case with Student’s Case. The expedited issues of Manteca’s Case may not be consolidated with non-expedited issues.
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’s Case and the non-expedited issues in Mantica’s Case involve common questions of law or fact. However, consolidation is unavailable until the expedited hearing concludes and the expedited decision is issued in Mantica’s Case.
Student’s motion to consolidate is denied, without prejudice. The parties may request consolidation following issuance of the expedited decision in Manteca’s Case
IT IS SO ORDERED.
Clifford H. Woosley Administrative Law Judge Office of Administrative Hearings