California OAH special education order · March 12, 2013
Order Granting Student's Peremptory Challenge
OAH Case No. 2013010704 · ALJ Bob N. Varma
OAH granted Student's peremptory challenge to ALJ Adeniyi Ayoade because it was made before the prehearing conference began, and reassigned the case to ALJ Theresa Ravandi.
This case went to decision
Lucia Mar Unified School District v. Student: Lucia Mar Unified may reassess a student with qualified assessors of its choice despite the parent's objection to familiar staff. (2013)
Summary
Before the prehearing conference in this District-filed case began, Student's attorney orally exercised a peremptory challenge to the assigned ALJ, Adeniyi Ayoade, and then filed a written challenge. Each party gets one challenge without cause. If an ALJ is already assigned when a prehearing conference is scheduled, the challenge must be made no later than the start of that conference. Because Student's challenge came before the conference started, OAH found it timely, granted it, and reassigned the matter to ALJ Theresa Ravandi.
Why it matters
Each party gets one no-reason challenge to the assigned ALJ, but it must be made no later than the start of the prehearing conference. Parents who want to use it should act before that conference begins.
Key authority cited
- Gov. Code, § 11425.40, subd. (d)
- Gov. Code, § 11425.40, subd. (a)
- Cal. Code Regs., tit. 1, § 1034
People named in the order
- Andrea Marcus, Attorney for Student
- Adeniyi Ayoade, Administrative Law Judge (challenged)
- Theresa Ravandi, Administrative Law Judge (reassigned)
- Bob N. Varma, Presiding Administrative Law Judge
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:
LUCIA MAR UNIFIED SCHOOL OAH CASE NO. 2013010704
DISTRICT,
ORDER GRANTING STUDENT’S
v. PEREMPTORY CHALLENGE
PARENT ON BEHALF OF STUDENT.
On March 11, 2013, prior to the start of the prehearing conference in this matter, Andrea Marcus, attorney for Student, orally exercised a party’s right to a peremptory challenge, by challenging Administrative Law Judge (ALJ) Adeniyi Ayoade. Ms. Marcus subsequently filed a written challenge.
Government Code section 11425.40, subdivision (d), establishes the criteria for disqualification of the presiding officer. A party is entitled to one peremptory challenge (disqualification without cause) to an ALJ assigned to an Office of Administrative Hearings (OAH) hearing. (Cal. Code Regs., tit. 1, § 1034, subds. (a) & (b); Gov. Code, § 11425.40, subd. (d).) In no event will a peremptory challenge be allowed if it is made after the hearing has commenced. In addition, if at the time of a scheduled prehearing conference, an ALJ has been assigned to the Hearing, any challenge to the assigned ALJ shall be made no later than commencement of that prehearing conference. (Cal. Code Regs., tit. 1, § 1034, subd. (c).) A peremptory challenge is not allowed on reconsideration or remand, and cannot be made after a hearing has begun. (Cal. Code Regs., tit. 1, § 1034, subd. (a).)
Student’s peremptory challenge is timely made and is granted pursuant to Government section 11425.40, subdivisions (a) and (d), and California Code of Regulations, title 1, section 1034, subdivision (c). The matter has been reassigned to ALJ Theresa Ravandi.
IT IS SO ORDERED.
Dated: March 12, 2013 /s/
BOB N. VARMA
Presiding Administrative Law Judge Office of Administrative Hearings