California OAH special education order · May 3, 2016

Order Granting Peremptory Challenge

OAH Case No. 2016031019 · ALJ Margaret Broussard

OAH granted Vacaville's timely peremptory challenge to ALJ Rebecca Freie and reassigned the case to ALJ Lisa Lunsford, 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

Vacaville Unified School District filed a peremptory challenge to remove the assigned ALJ, Rebecca Freie, from Student's case. The Presiding ALJ found the challenge was filed on time. Under the Government Code and OAH regulations, each party gets one challenge to an assigned ALJ without having to show cause, so OAH granted it and reassigned the matter to ALJ Lisa Lunsford.

Why it matters

Each party, including a parent, gets one chance to remove an assigned ALJ without giving a reason, as long as the challenge is filed on time. Once one side uses its challenge, the case simply moves to a new judge.

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)
  • Lisa Lunsford, Administrative Law Judge (newly assigned)

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

VACAVILLE UNIFIED SCHOOL

DISTRICT AND SACRAMENTO CITY

UNIFIED SCHOOL DISTRICT.

On May 2, 2016, Vacaville Unified School District filed a motion seeking to challenge the assignment of Administrative Law Judge Rebecca Freie in the above captioned matter. Vacaville’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 Lisa Lunsford

IT IS SO ORDERED.

DATE: May 3, 2016

MARGARET BROUSSARD

Presiding Administrative Law Judge Office of Administrative Hearings