California OAH special education order · January 22, 2018
Order Granting Peremptory Challenge
OAH Case No. 2017110983 · ALJ Marian H. Tully
OAH granted Student's timely peremptory challenge, removing Administrative Law Judge Adrienne L. Krikorian from hearing the case against Etiwanda School District.
This case went to decision
Student v. Etiwanda School District: Etiwanda School District prevails on all claims; special day class placement and October 2017 IEP offered a FAPE. (2018)
Summary
On January 12, 2018, Parent on behalf of Student filed a peremptory challenge asking that Administrative Law Judge Adrienne L. Krikorian not hear the case. Presiding Administrative Law Judge Marian H. Tully found the challenge timely and granted it under Government Code section 11425.40 and California Code of Regulations, title 1, section 1034. Because the challenge was peremptory, it did not require a showing of bias or cause.
Why it matters
A party can remove an assigned ALJ once, without giving a reason, if the peremptory challenge is filed on time. Families should track the deadline closely if they want to use this right.
Key authority cited
- Gov. Code § 11425.40, subds. (a), (d)
- Cal. Code Regs., tit. 1, § 1034, subd. (c)
People named in the order
- Adrienne L. Krikorian, 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. 2017110983 v. ORDER GRANTING PEREMPTORY
CHALLENGE
ETIWANDA SCHOOL DISTRICT.
On January 12, 2018, Parent on behalf of Student filed a peremptory challenge seeking to disqualify Administrative Law Judge Adrienne L. Krikorian 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: January 22, 2018
MARIAN H. TULLY
Presiding Administrative Law Judge Office of Administrative Hearings