California OAH special education order · October 17, 2016
Order Granting Sweetwater Union High School District's Peremptory Challenge
OAH Case No. 2016090871, 2016080950 · ALJ Peter Paul Castillo
OAH granted Sweetwater's timely peremptory challenge to ALJ Chris Butchko and reassigned the consolidated cases to ALJ Robert Martin, with the hearing schedule unchanged.
This case went to decision
Student v. Sweetwater Union High School District (consolidated): Sweetwater Union High must fund three IEEs after a review-only triennial; assistive technology and transition IEEs denied. (2016)
Summary
On October 14, 2016, Sweetwater Union High School District filed a peremptory challenge to ALJ Chris Butchko in these consolidated cases. Each party gets one challenge to an assigned ALJ without having to show cause. The challenge must come before the hearing starts, and before the prehearing conference if an ALJ is already assigned. OAH found the District's challenge timely, granted it, reassigned the case to ALJ Robert Martin, and kept the existing schedule.
Why it matters
Each side gets one no-reason challenge to an assigned ALJ, but it must be filed before the prehearing conference or the hearing begins. Parents should decide early whether to use theirs.
Key authority cited
- Gov. Code, § 11425.40, subd. (d)
- Cal. Code Regs., tit. 1, § 1034
People named in the order
- Chris Butchko, Administrative Law Judge (challenged)
- Robert Martin, Administrative Law Judge (newly assigned)
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 Consolidated Matters of:
SWEETWATER UNION HIGH SCHOOL OAH Case No. 2016090871
DISTRICT,
v.
PARENT ON BEHALF OF STUDENT,
PARENT ON BEHALF OF STUDENT, OAH Case No. 2016080950 v. ORDER GRANTING SWEETWATER
UNION HIGH SCHOOL DISTRICT’S
SWEETWATER UNION HIGH SCHOOL PEREMPTORY CHALLENGE
DISTRICT.
On October 14, 2016, Sweetwater Union High School District filed a notice of peremptory challenge to Administrative Law Judge Chris Butchko in the above captioned matter. District’s peremptory challenge was 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).) 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).)
District’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).
ORDER
1. District’s challenge of ALJ Butchko is granted. This case is assigned for all
purposes to ALJ Robert Martin.
2. The matter will proceed as previously scheduled.
DATE: October 17, 2016
PETER PAUL CASTILLO
Presiding Administrative Law Judge Office of Administrative Hearings