California OAH special education order · September 10, 2018
Order Granting Peremptory Challenge
OAH Case No. 2018070708 · ALJ June Lehrman
OAH granted Student's peremptory challenge to remove ALJ June R. Lehrman because Student filed it at the start of the telephonic prehearing conference, which made it timely.
This case went to decision
Student v. Tehachapi Unified School District: Tehachapi Unified must provide 44 hours of speech therapy, social skills sessions and two IEEs; most other claims denied. (2018)
Summary
At the start of the telephonic prehearing conference, Student filed a peremptory challenge asking to remove ALJ June R. Lehrman from the case without stating a reason. A party gets one such challenge. If an ALJ is already assigned when a prehearing conference is scheduled, the challenge must be made no later than the start of that conference, and never after the hearing has begun. Because Student met that deadline, the challenge was granted.
Why it matters
Each party gets one no-reason challenge to an assigned ALJ, but it must be made by the start of the prehearing conference. Parents and advocates who want a different judge should act early.
Key authority cited
- Gov. Code, § 11425.40, subd. (d)
- Gov. Code, § 11425.40, subd. (a)
- Cal. Code Regs., tit. 1, § 1034
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. 2018070708 v. ORDER GRANTING PEREMPTORY
CHALLENGE
TEHACHAPI UNIFIED SCHOOL
DISTRICT.
On September 10, 2018, at the commencement of the telephonic preliminary hearing conference, Student filed a peremptory challenge seeking to disqualify Administrative Law Judge June R. Lehrman from hearing this case. 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).
IT IS SO ORDERED.
DATE: September 10, 2018
JUNE LEHRMAN
Administrative Law Judge Office of Administrative Hearings