California OAH special education order · April 28, 2014
Order Granting Peremptory Challenge
OAH Case No. 2014030365 · ALJ Margaret Broussard
OAH granted a timely peremptory challenge to ALJ Adeniyi Ayoade, reassigned the case to ALJ Margaret Broussard, and moved the April 28, 2014 prehearing conference to 1:00 p.m.
This case went to decision
Student v. Sacramento City Unified School District: Sacramento City Unified did not deny FAPE; parent failed to prove she emailed a request for a follow-up IEP meeting. (2014)
Summary
On April 25, 2014, the District's attorney filed a peremptory challenge to the assigned ALJ, Adeniyi Ayoade. The order also refers to it as Student's challenge. Each party may disqualify one ALJ without giving a reason if the challenge is made before the prehearing conference or the hearing begins. OAH found the challenge timely, granted it, reassigned the case to ALJ Margaret Broussard, and moved the prehearing conference from 3:00 p.m. to 1:00 p.m. the same day.
Why it matters
Each side gets one challenge to an assigned ALJ with no reason required. It must be filed no later than the start of the prehearing conference, and it is lost once the hearing 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
- Adeniyi Ayoade, Administrative Law Judge (challenged)
- Margaret Broussard, Administrative Law Judge (reassigned)
- Daniel Osher, Attorney for District
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:
OAH Case No. 2014030365
PARENT ON BEHALF OF STUDENT,
ORDER GRANTING PEREMPTORY
v. CHALLENGE
SACRAMENTO CITY UNIFIED SCHOOL
DISTRICT.
On April 25, 2014, Daniel Osher, attorney for Sacramento City Unified School District, filed a notice of peremptory challenge to Administrative Law Judge Adeniyi Ayoade in the above captioned matter. Student’s peremptory challenge is made pursuant to Government Code section 11425.40, subdivision (d), of the Administrative Procedures Act, and California Code of Regulations, title 1, section 1034.
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 is reassigned to ALJ Margaret Broussard and the prehearing conference is moved from April 28, 2014, at 3:00 p.m., to April 28, 2014, at 1:00 p.m.
IT IS SO ORDERED.
DATE: April 28, 2014 /s/
MARGARET BROUSSARD
Administrative Law Judge Office of Administrative Hearings