California OAH special education order · September 14, 2015

Order Granting Peremptory Challenge

OAH Case No. 2015090053 · ALJ Margaret Broussard

OAH granted Sacramento City Unified School District's timely peremptory challenge to ALJ Theresa Ravandi and reassigned the case to ALJ Rebecca Freie.

Granted Peremptory challenges

This case went to decision

Student v. Sacramento City Unified School District (consolidated): Sacramento City Unified fails to show dangerousness; ALJ denies request to move student to a nonpublic school for 45 days. (2015)

Summary

Sacramento City Unified School District filed a peremptory challenge on September 14, 2015, asking to disqualify ALJ Theresa Ravandi without stating a cause. Presiding ALJ Margaret Broussard found the challenge timely and granted it under Government Code section 11425.40 and California Code of Regulations, title 1, section 1034. The case was reassigned to ALJ Rebecca Freie. The order's ruling paragraph refers to the challenge as "Student's," but the order states earlier that the District filed it.

Why it matters

Each party gets one peremptory challenge to remove an assigned ALJ without giving a reason. The challenge must be made before the prehearing conference starts if an ALJ is already assigned by then, and it can never be made after the hearing begins.

Key authority cited

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

People named in the order

Theresa Ravandi, Administrative Law Judge (disqualified)
Rebecca Freie, Administrative Law Judge (newly assigned)

Topics

peremptory challenge alj disqualification reassignment timeliness

Order details

OAH case number: 2015090053
Order date: September 14, 2015
Order type: Peremptory challenges
Ruling: Granted
Administrative law judge: Margaret Broussard
Moving party: District
Case filed by: District
Education agency: Sacramento City Unified School District
Student's counsel: Not stated
District's counsel: Not stated
Official order: OAH PDF

Orders in this case

September 14, 2015: Order Granting Peremptory Challenge
September 14, 2015: Order Denying Challenge for Cause
September 14, 2015: Student's peremptory challenge to ALJ Andrea Miles granted; case reassigned to ALJ Theresa Ravandi. (PDF)
September 15, 2015: Unopposed continuance granted; expedited hearing reset to September 22, 2015, and prehearing orders issued. (PDF)
September 17, 2015: Joint continuance granted; non-expedited PHC reset to October 2, 2015, hearing to October 12, 2015. (PDF)
September 21, 2015: Order Granting Motion to Consolidate
October 5, 2015: Student's expedited issue dismissed without prejudice; expedited hearing vacated; non-expedited dates unchanged. (PDF)
January 5, 2016: Order Following Prehearing Conference
Decision (2015-10-16)

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:

SACRAMENTO CITY UNIFIED SCHOOL OAH Case No. 2015090053

DISTRICT,

ORDER GRANTING PEREMPTORY

v. CHALLENGE

PARENT ON BEHALF OF STUDENT.

On September 14, 2015, Sacramento City Unified School District filed a peremptory challenge seeking to disqualify Administrative Law Judge Theresa Ravandi 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).)

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 will be reassigned ALJ Rebecca Freie.