California OAH special education order · April 22, 2022
Order Granting Student's Peremptory Challenge
OAH Case No. 2021120672 · ALJ Margaret Gibson
OAH granted Student's peremptory challenge to Administrative Law Judge L. Gorsline because it was timely, and kept all previously set dates on calendar.
This case went to decision
Student v. Chino Valley Unified School District: Chino Valley Unified wrongly found student ineligible for special education and must reimburse $35,920 plus mileage and fund staff training. (2022)
Summary
On April 21, 2022, Student filed a peremptory challenge to the assigned ALJ, L. Gorsline. The Presiding ALJ explained that each party gets one challenge without cause. The challenge must be made before the hearing starts, and before the prehearing conference if an ALJ is already assigned by then. Because Student's challenge was timely, it was granted, and all existing dates stayed in place.
Why it matters
Each party can remove one assigned ALJ without giving a reason, but only if the challenge is filed before the prehearing conference or hearing begins. Parents should decide early whether to use it.
Key authority cited
- Gov. Code, § 11425.40, subd. (d)
- Cal. Code Regs., tit. 1, § 1034
People named in the order
- L. Gorsline, Administrative Law Judge (challenged)
- Margaret Gibson, 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 MATTER OF:
PARENTS ON BEHALF OF STUDENT,
v.
CHINO VALLEY UNIFIED SCHOOL DISTRICT.
OAH CASE NUMBER 2021120672
ORDER GRANTING STUDENT’S PEREMPTORY CHALLENGE
APRIL 22, 2022
On April 21, 2022, Student filed a notice of peremptory challenge to Administrative Law Judge L. Gorsline in the above captioned matter. The 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).)
The 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. Student's challenge of L. Gorsline is granted.
2. All dates previously set in this matter will remain on calendar.
IT IS SO ORDERED.
Margaret Gibson (Apr 22, 2022 14:39 PDT)
Margaret Gibson Presiding Administrative Law Judge Office of Administrative Hearings