California OAH special education order · April 19, 2016
Order Granting Peremptory Challenge
OAH Case No. 2016020899 · ALJ Margaret Broussard
OAH granted Student's timely peremptory challenge to ALJ Rebecca Freie and reassigned the District-filed case to ALJ Joy Redmon, because each party gets one challenge without cause.
This case went to decision
Elk Grove Unified School District v. Student: Elk Grove Unified may reassess a six-year-old private school student without parent consent under its January 2016 assessment plan. (2016)
Summary
Elk Grove Unified School District filed this case. Student filed a peremptory challenge asking to remove the assigned judge, ALJ Rebecca Freie. Presiding ALJ Margaret Broussard found the challenge timely and granted it, because each party may disqualify one assigned ALJ without stating a reason. The case was reassigned to ALJ Joy Redmon.
Why it matters
Each party in an OAH special education case may remove one assigned judge without giving a reason, as long as the challenge is filed on time. Parents can use this right even when the district filed the case.
Key authority cited
- Gov. Code, § 11425.40, subd. (a)
- Gov. Code, § 11425.40, subd. (d)
- Cal. Code Regs., tit. 1, § 1034
People named in the order
- Rebecca Freie, Administrative Law Judge (challenged)
- Joy Redmon, Administrative Law Judge (newly assigned)
- Margaret Broussard, 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:
ELK GROVE UNIFIED SCHOOL OAH Case No. 2016020899
DISTRICT,
ORDER GRANTING PEREMPTORY
v. CHALLENGE
PARENT ON BEHALF OF STUDENT.
On April 19, 2016, Student filed a motion seeking to challenge the assignment of Administrative Law Judge Rebecca Freie 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 hearing. (Cal. Code Regs., tit. 1, § 1034, subds. (a) & (b); Gov. Code, § 11425.40, subd.
(d).) Studnet’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 Joy Redmon.
IT IS SO ORDERED.
DATE: April 19, 2016
MARGARET BROUSSARD
Presiding Administrative Law Judge Office of Administrative Hearings