California OAH special education order · October 11, 2019
Order Granting Lompoc Unified School District's Peremptory Challenge
OAH Case No. 2019040859, 2019070446 · ALJ Peter Paul Castillo
OAH granted Lompoc's timely peremptory challenge to ALJ Laurie Gorsline and reassigned the consolidated cases to ALJ Alexa Hohensee, keeping all dates but moving the prehearing conference to 3:00 PM.
This case went to decision
Student v. Lompoc Unified School District (consolidated): Lompoc Unified denied FAPE through inadequate behavior supports, a flawed speech assessment, and an involuntary transfer; 240 compensatory hours ordered. (2020)
Summary
Lompoc Unified School District filed a peremptory challenge, which is a request to remove the assigned judge without giving a reason, against ALJ Laurie Gorsline in the consolidated Student and District cases. OAH explained that each party gets one such challenge. The challenge must be made before the hearing begins and no later than the start of a scheduled prehearing conference. Because Lompoc's challenge was timely, OAH granted it, reassigned the matter to ALJ Alexa Hohensee, and kept all dates on calendar except that the prehearing conference now begins at 3:00 PM.
Why it matters
Each side gets one chance to remove an assigned ALJ without giving a reason. It must be used no later than the start of the prehearing conference, or before the hearing if no conference is set, so families should decide early whether to use it.
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
- Laurie Gorsline, Administrative Law Judge (challenged)
- Alexa Hohensee, Administrative Law Judge (reassigned)
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,
v.
LOMPOC UNIFIED SCHOOL DISTRICT,
OAH CASE NUMBER 2019040859
and
LOMPOC UNIFIED SCHOOL DISTRICT,
v.
PARENT ON BEHALF OF STUDENT,
OAH CASE NUMBER 2019070446
ORDER GRANTING LOMPOC UNIFIED SCHOOL DISTRICT’S
PEREMPTORY CHALLENGE
On October 11, 2019, Lompoc Unified School District, filed a notice of peremptory challenge to Administrative Law Judge Laurie Gorsline in the above captioned matter. Lompoc’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. (Cal. Code Regs., tit. 1, § 1034, subd. (a).)
Lompoc’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. Lompoc's challenge of ALJ Gorsline is granted. Matter now reassigned to
ALJ Alexa Hohensee.
2. All dates previously set in this matter will remain on calendar, except that
the Prehearing Conference will begin at 3:00 PM.
IT IS SO ORDERED.
DATED: October 11, 2019 Peter Paul Castillo Presiding Administrative Law Judge Office of Administrative Hearings