California OAH special education order · August 18, 2023
Order Granting Peremptory Challenge
OAH Case No. 2023070196 · ALJ Joy Redmon
OAH granted Student's timely peremptory challenge to ALJ Butchko and reassigned the case to ALJ Cruz, because each party gets one challenge without cause if made on time.
This case went to decision
Student v. Twin Rivers Unified School District: Twin Rivers Unified prevails on all claims; unmeasurable transition goals were a procedural violation that did not deny FAPE. (2023)
Summary
Student filed a peremptory challenge to remove ALJ Butchko from this case against Twin Rivers Unified School District. A peremptory challenge lets a party remove an ALJ without giving a reason. Each party gets one, and it must be filed before the hearing starts and no later than the start of a scheduled prehearing conference. OAH found Student's challenge timely, granted it, and reassigned the case to ALJ Cruz.
Why it matters
Each side in an OAH special education case gets one no-reason challenge to the assigned judge. It must be filed by the start of the prehearing conference, or the right is lost.
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
- Butchko, Administrative Law Judge (challenged)
- Cruz, Administrative Law Judge (newly assigned)
- Joy Redmon, 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.
TWIN RIVERS UNIFIED SCHOOL DISTRICT.
OAH CASE NUMBER 2023070196
ORDER GRANTING PEREMPTORY CHALLENGE
AUGUST 18, 2023
On August 18, 2023, Student filed a notice of peremptory challenge to Administrative Law Judge Butchko in the above captioned matter. 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. (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). The matter is now assigned to ALJ Cruz.
IT IS SO ORDERED.
Joy Redmon Presiding Administrative Law Judge Office of Administrative Hearings