California OAH special education order · July 25, 2016

Order Granting Peremptory Challenge

OAH Case No. 2016031019 · ALJ Margaret Broussard

OAH granted Sacramento City's timely peremptory challenge to ALJ Theresa Ravandi and reassigned the case to ALJ Cheryl Carlson, because each party gets one challenge without cause.

Granted Peremptory challenges

This case went to decision

Student v. Vacaville Unified School District et al.: Vacaville and Sacramento City Unified must fund 188 therapy hours for inadequate mental health support, plus make-up speech services and assessments. (2017)

Summary

Sacramento City Unified School District used a peremptory challenge to remove ALJ Theresa Ravandi from Student's case. Presiding ALJ Margaret Broussard found the challenge timely. Each party may disqualify one assigned ALJ without stating a cause, so the challenge was granted and the case was reassigned to ALJ Cheryl Carlson.

Why it matters

Each party in an OAH special education case gets one timely peremptory challenge to remove the assigned ALJ without giving a reason. Parents and districts should decide early whether to use it.

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

  • Theresa Ravandi, Administrative Law Judge (challenged)
  • Cheryl Carlson, Administrative Law Judge (reassigned)

Topics

peremptory challenge alj reassignment disqualification without cause multiple districts

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. 2016031019 v. ORDER GRANTING PEREMPTORY

CHALLENGE

SACRAMENTO CITY UNIFIED SCHOOL

DISTRICT AND VACAVILLE UNIFIED

SCHOOL DISTRICT.

On July 25, 2016, Sacramento City Unified School District filed a motion seeking to challenge the assignment of Administrative Law Judge Theresa Ravandi in the above captioned matter. Sacramento City’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).) The 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 Cheryl Carlson.

IT IS SO ORDERED.

DATE: July 25, 2016

MARGARET BROUSSARD

Presiding Administrative Law Judge Office of Administrative Hearings