California OAH special education order · August 11, 2025
Order Denying Peremptory Challenge
OAH Case No. 2025030847 · ALJ Cole Dalton
OAH denied Palo Alto's peremptory challenge to ALJ June Lehrman as untimely because it was filed Friday afternoon, after the noon deadline before a hearing held away from an OAH regional office.
This case went to decision
Student v. Palo Alto Unified School District: Palo Alto Unified must reimburse $18,375 in private school tuition and fund IEEs after predetermined IEPs and an inappropriate placement offer. (2025)
Summary
Palo Alto Unified School District filed a peremptory challenge to ALJ June Lehrman on August 8, 2025, at about 2:26 PM. A peremptory challenge lets a party remove an assigned judge without giving a reason, but it must be filed on time. When the hearing is held somewhere other than an OAH regional office, the challenge is due by noon on the Friday before the hearing. Because Palo Alto missed that deadline, OAH denied the challenge and ordered the hearing to proceed as scheduled.
Why it matters
Each side gets only one no-reason challenge to a judge, and the deadlines are strict, down to the hour. Parents and advocates who want to use this right should file well before noon on the Friday before a hearing held outside an OAH office, or before the prehearing conference starts if a judge is already assigned.
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
- June Lehrman, Administrative Law Judge (challenged)
- Cole Dalton, 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.
PALO ALTO UNIFIED SCHOOL DISTRICT.
OAH CASE NUMBER 2025030847
ORDER DENYING PEREMPTORY CHALLENGE
AUGUST 11, 2025
On August 8, 2025, at approximately 2:26 PM, Palo Alto Unified School District filed a notice of peremptory challenge with OAH, to Administrative Law Judge June Lehrman. An Administrative Law Judge is called ALJ. Palo Alto’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).)
If the hearing is to be held at a site other than an OAH regional office, the peremptory challenge must be made by noon on the Friday before the hearing. (Cal.
Code Regs., tit. 1, § 1034, subd. (e).)
Palo Alto’s peremptory challenge is not timely made and is denied pursuant to Government section 11425.40, subdivisions (a) and (d), and California Code of Regulations, title 1, section 1034, subdivision (e). The hearing shall proceed as scheduled.
IT IS SO ORDERED.
Cole Dalton Presiding Administrative Law Judge Office of Administrative Hearings