California OAH special education order · June 11, 2018
Order Granting Peremptory Challenge
OAH Case No. 2018020102 · ALJ Joy Redmon
OAH granted Berkeley's peremptory challenge to ALJ Penelope Pahl, filed the Friday afternoon before hearing, as timely because Berkeley had only just learned of her assignment, and reassigned the case to ALJ Theresa Ravandi.
This case went to decision
Student v. Berkeley Unified School District: Berkeley Unified must reimburse tuition, tutoring and an assessment after a 2017 IEP lacked academic goals; older claims were time-barred. (2018)
Summary
Student's peremptory challenge to an earlier ALJ was granted, and the case was reassigned to ALJ Penelope Pahl. Berkeley then filed its own peremptory challenge to ALJ Pahl. It filed after noon on the Friday before the scheduled due process hearing. The Presiding ALJ found the challenge timely because Berkeley had only recently received notice of ALJ Pahl's assignment, granted it, and reassigned the matter to ALJ Theresa Ravandi.
Why it matters
Each side gets one peremptory challenge. Timeliness is measured from when a party learns of the ALJ's assignment, so a challenge filed right before hearing can still be allowed if the assignment was recent.
Key authority cited
- Gov. Code, § 11425.40, subd. (d)
- Gov. Code, § 11425.40, subd. (a)
- Cal. Code Regs., tit. 1, § 1034
People named in the order
- Penelope Pahl, Administrative Law Judge (challenged)
- Theresa Ravandi, 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. 2018020102 v. ORDER GRANTING PEREMPTORY
CHALLENGE
BERKELEY UNIFIED SCHOOL
DISTRICT.
On June 8, 2018, the parties were notified that Administrative Law Judge Penelope Pahl was assigned to this matter after Student’s peremptory challenge to another ALJ had been granted. Shortly thereafter, Berkeley Unified School District filed a notice of peremptory challenge to ALJ Pahl. Berkeley’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).)
Berkeley’s peremptory challenge was made after noon on the Friday before the scheduled due process hearing. However, Berkeley’s challenge is considered timely given when it received notice of ALJ Pahl’s assignment. Accordingly, Berkeley’s challenge is granted pursuant to Government section 11425.40, subdivisions (a) and (d), and California Code of Regulations, title 1, section 1034, subdivision (c). The matter is now assigned to ALJ Theresa Ravandi.
IT IS SO ORDERED.
DATE: June 11, 2018
JOY REDMON
Presiding Administrative Law Judge Office of Administrative Hearings