California OAH special education order · October 10, 2024
Order Granting Student's Peremptory Challenge
OAH Case No. 2024070499 · ALJ Tara Doss
OAH granted Student's timely peremptory challenge to ALJ Sabrina Kong and reassigned the case to ALJ Judith Pasewark, keeping all scheduled dates on calendar.
This case went to decision
Student v. Capistrano Unified School District: Capistrano Unified wins all six claims over a medically fragile preschooler's IEPs and private school placement. (2025)
Summary
Student filed a peremptory challenge, which is a request to disqualify an assigned judge without giving a reason, against ALJ Sabrina Kong. Presiding ALJ Tara Doss found the challenge timely under Government Code section 11425.40 and California Code of Regulations, title 1, section 1034, and granted it. The case was reassigned to ALJ Judith Pasewark, and all scheduled dates stayed on calendar.
Why it matters
Each party gets one peremptory challenge to an assigned ALJ with no reason required. It must be filed before the hearing starts, and before the prehearing conference if an ALJ is already assigned by then, so families 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
- Sabrina Kong, Administrative Law Judge (challenged)
- Judith Pasewark, Administrative Law Judge (newly assigned)
- Tara Doss, 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.
CAPISTRANO UNIFIED SCHOOL DISTRICT.
OAH CASE NUMBER 2024070499
ORDER GRANTING STUDENT’S PEREMPTORY CHALLENGE
OCTOBER 10, 2024
On October 10, 2024, Student filed a notice of peremptory challenge with the Office of Administrative Hearings, called OAH, to Administrative Law Judge Sabrina Kong. An 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 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 case is now assigned to ALJ Judith Pasewark and all scheduled dates remain on calendar.
IT IS SO ORDERED.
Tara Doss Presiding Administrative Law Judge Office of Administrative Hearings