California OAH special education order · March 27, 2017
Order Granting Peremptory Challenge
OAH Case No. 2017020096 · ALJ Theresa Ravandi
OAH granted Hayward Unified's timely peremptory challenge to ALJ Rebecca Freie and reassigned the case to ALJ Penelope Pahl, because each party gets one no-cause challenge before hearing begins.
This case went to decision
Student v. Hayward Unified School District: Hayward Unified's segregated preschool class denied FAPE; district must reimburse private preschool tuition and fund summer placement. (2017)
Summary
Hayward Unified School District filed a peremptory challenge to the assigned ALJ, Rebecca Freie. The order calls it "Student's" peremptory challenge in two places, but the opening paragraph says the District filed it. OAH found the challenge timely under Government Code section 11425.40 and California Code of Regulations, title 1, section 1034. It granted the challenge and reassigned the case to ALJ Penelope Pahl.
Why it matters
Each side gets one peremptory challenge to remove an assigned ALJ without giving a reason. It must be filed before the prehearing conference starts if an ALJ is already assigned, and it can never be made after the hearing begins.
Key authority cited
- Gov. Code, § 11425.40, subd. (d)
- Cal. Code Regs., tit. 1, § 1034
People named in the order
- Rebecca Freie, Administrative Law Judge (challenged)
- Penelope Pahl, 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 Matter of:
PARENT ON BEHALF OF STUDENT, OAH Case No. 2017020096 v. ORDER GRANTING PEREMPTORY
CHALLENGE
HAYWARD UNIFIED SCHOOL DISTRICT.
On March 27, 2017, Hayward Unified School District filed a notice of peremptory challenge to 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).) 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). This matter is reassigned to ALK Penelope Pahl.
IT IS SO ORDERED.
DATE: March 27, 2017
THERESA RAVANDI
Administrative Law Judge Office of Administrative Hearings