California OAH special education order · March 16, 2018
Order Granting Peremptory Challenge
OAH Case No. 2017110183 · ALJ Marian H. Tully
OAH granted Student's timely peremptory challenge and removed Administrative Law Judge Judith Pasewark from the case under Government Code section 11425.40 and OAH regulations.
This case went to decision
Student v. San Dieguito Union High School District: San Dieguito Union High must reimburse residential treatment and private school costs; four other claims denied. (2018)
Summary
Parent, on behalf of Student, filed a peremptory challenge to disqualify Administrative Law Judge Judith Pasewark from hearing the case against San Dieguito Union High School District. Presiding Administrative Law Judge Marian H. Tully found the challenge timely and granted it under Government Code section 11425.40, subdivisions (a) and (d), and California Code of Regulations, title 1, section 1034, subdivision (c). The order lists the filing date as March 18, 2018, but the order itself is dated March 16, 2018.
Why it matters
Each side can remove an assigned ALJ once without giving a reason, as long as the challenge is filed on time. A timely peremptory challenge is granted automatically.
Key authority cited
- Gov. Code, § 11425.40, subds. (a), (d)
- Cal. Code Regs., tit. 1, § 1034, subd. (c)
People named in the order
- Judith Pasewark, Administrative Law Judge (challenged)
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. 2017110183 v. ORDER GRANTING PEREMPTORY
CHALLENGE
SAN DIEGUITO UNION HIGH SCHOOL
DISTRICT.
On March 18, 2018, Parent on behalf of Student filed a peremptory challenge seeking to disqualify Administrative Law Judge Judith Pasewark from hearing this case.
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).
IT IS SO ORDERED.
DATE: March 16, 2018
MARIAN H. TULLY
Presiding Administrative Law Judge Office of Administrative Hearings