California OAH special education order · March 2, 2018
Order Granting Fountain Valley School District's Peremptory Challenge
OAH Case No. 2017110243, 2017120743 · ALJ Peter Paul Castillo
OAH granted Fountain Valley School District's timely peremptory challenge to ALJ Chris Butchko and reassigned the consolidated cases to ALJ Kara Hatfield, keeping all dates on calendar.
This case went to decision
Student v. Fountain Valley Unified School District (consolidated): Fountain Valley must fund 105.5 hours of one-to-one instruction and reimburse $2,697.50; autism eligibility and goals claims denied. (2018)
Summary
On March 1, 2018, Fountain Valley School District filed a peremptory challenge, which is a request to remove a judge without giving a reason, against ALJ Chris Butchko in these consolidated cases. Each party gets one such challenge, but it must be made before the hearing starts. If a prehearing conference is scheduled and a judge has already been assigned, the challenge must be made by the start of that conference. OAH found the District's challenge timely, granted it, reassigned the matter to ALJ Kara Hatfield, and kept all previously set dates.
Why it matters
Each side, including parents, may remove one assigned ALJ without stating a reason. The challenge must be filed before the prehearing conference or hearing begins, or the right is lost. Changing judges this way does not by itself move the hearing dates.
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)
- Kara Hatfield, Administrative Law Judge (newly assigned)
- Peter Paul Castillo, Presiding Administrative Law Judge
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:
PARENT ON BEHALF OF STUDENT, OAH Case No. 2017110243 v.
FOUNTAIN VALLEY SCHOOL DISTRICT,
FOUNTAIN VALLEY SCHOOL DISTRICT, OAH Case No. 2017120743 v. ORDER GRANTING FOUNTAIN
VALLEY SCHOOL DISTRICT’S
PARENT ON BEHALF OF STUDENT. PEREMPTORY CHALLENGE
On March 1, 2018, Fountain Valley School District filed a 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. Matter is now assigned to
ALJ Kara Hatfield.
2. All dates previously set in this matter will remain on calendar.
DATE: March 2, 2018
PETER PAUL CASTILLO
Presiding Administrative Law Judge Office of Administrative Hearings