California OAH special education order · January 11, 2024

Order Denying Student's Peremptory Challenge

OAH Case No. 2023110431 · ALJ Tara Doss

OAH denied Student's peremptory challenge to ALJ Jennifer Kelly because Student had already used its one peremptory challenge against ALJ Laurie Gorsline on December 22, 2023.

Denied Peremptory challenges

This case went to decision

Student v. Snowline Joint Unified School District (consolidated): Snowline Joint Unified prevails on every issue; a settlement waiver barred earlier claims, and its December 2023 IEP was approved. (2024)

Summary

On January 11, 2024, Student filed a peremptory challenge (disqualification without cause) to ALJ Jennifer Kelly. OAH denied it because each party gets only one peremptory challenge, and Student had already used it against ALJ Laurie Gorsline on December 22, 2023. ALJ Kelly remains assigned, and all hearing dates stay as scheduled.

Why it matters

Each party gets only one peremptory challenge per case, so families should decide carefully whether to use it. Once it is used, any later attempt to remove an ALJ must show actual cause.

Key authority cited

  • Gov. Code, § 11425.40, subd. (d)
  • Cal. Code Regs., tit. 1, § 1034

People named in the order

  • Jennifer Kelly, Administrative Law Judge (challenged)
  • Laurie Gorsline, Administrative Law Judge (previously challenged)
  • Tara Doss, Presiding Administrative Law Judge

Topics

peremptory challenge alj disqualification one challenge limit hearing schedule

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.

SNOWLINE JOINT UNIFIED SCHOOL DISTRICT.

OAH CASE NUMBER 2023110431

ORDER DENYING STUDENT’S PEREMPTORY CHALLENGE

JANUARY 11, 2024

On January 11, 2024, Student filed with the Office of Administrative Hearings, called OAH, a notice of peremptory challenge to Administrative Law Judge Jennifer Kelly. The Administrative Law Judge is called ALJ. 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, also called disqualification without cause, to an ALJ assigned to an OAH hearing. (Cal.

Code Regs., tit. 1, § 1034, subds. (a) & (b); Gov. Code, § 11425.40, subd. (d).) A peremptory challenge is not allowed if made after the hearing starts. 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 must be made no later than the start 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 denied because Student already exercised its peremptory challenge against ALJ Laurie Gorsline on December 22, 2023. ALJ Jennifer Kelly remains assigned to the case. All hearing dates remain as scheduled.

IT IS SO ORDERED.

Tara Doss Presiding Administrative Law Judge Office of Administrative Hearings