California OAH special education order · June 3, 2015

Order Granting Peremptory Challenge

OAH Case No. 2015021052 · ALJ Margaret Broussard

OAH granted Morgan Hill's timely peremptory challenge, removing ALJ Rebecca Freie from the case and reassigning it to ALJ Theresa Ravandi.

Granted Peremptory challenges

This case went to decision

Student v. Morgan Hill Unified School District: Morgan Hill Unified must provide 166 compensatory hours and an OT evaluation after child find and service failures. (2015)

Summary

Morgan Hill Unified School District used its peremptory challenge to disqualify the assigned judge, Administrative Law Judge Rebecca Freie. A peremptory challenge removes a judge without needing to show any reason. Each party gets one, but it must be filed before the hearing starts. If a judge is already assigned at the time of a prehearing conference, the challenge must be made by the start of that conference. OAH found the challenge timely, granted it, and reassigned the matter to ALJ Theresa Ravandi.

Why it matters

Each side in an OAH special education case gets one no-reason challenge to the assigned judge. It must be used before the prehearing conference or hearing begins, or it is lost.

Key authority cited

Gov. Code, § 11425.40, subd. (d)
Cal. Code Regs., tit. 1, § 1034

People named in the order

Rebecca Freie, Administrative Law Judge (disqualified)
Theresa Ravandi, Administrative Law Judge (reassigned)

Topics

peremptory challenge alj disqualification reassignment timeliness

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, OAH Case No. 2015021052 v. ORDER GRANTING PEREMPTORY

CHALLENGE

MORGAN HILL UNIFIED SCHOOL

DISTRICT.

On June 3, 2015, Morgan Hill Unified School District filed a peremptory challenge seeking to disqualify Administrative Law Judge Rebecca Freie in the above captioned matter.

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).)

Morgan Hill’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 will be reassigned ALJ Theresa Ravandi.