California OAH special education order · April 7, 2025
Order Granting Peremptory Challenge
OAH Case No. 2025040010 · ALJ Joy Redmon
OAH granted Mendocino's timely peremptory challenge to ALJ Theresa Ravandi and reassigned the case to ALJ Fritz, keeping all scheduled dates on calendar.
This case went to decision
Mendocino Unified School District v. Student: Mendocino Unified must fund an independent speech and language evaluation after failing to prove its triennial assessment was appropriate. (2025)
Summary
Mendocino filed a peremptory challenge, which removes a judge without stating a reason, against the assigned ALJ, Theresa Ravandi. OAH explained that each party gets one such challenge. It must be made before the hearing starts, and before the prehearing conference if an ALJ is already assigned by then. Because Mendocino's challenge was timely, OAH granted it, reassigned the case to ALJ Fritz, and left all scheduled dates in place.
Why it matters
Each side may remove one assigned ALJ without giving a reason, but only if it acts in time. A successful challenge does not delay the case, because existing hearing dates stay on calendar.
Key authority cited
- Gov. Code, § 11425.40, subd. (d)
- Cal. Code Regs., tit. 1, § 1034
People named in the order
- Theresa Ravandi, Administrative Law Judge (challenged)
- Fritz, Administrative Law Judge (newly assigned)
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:
MENDOCINO UNIFIED SCHOOL DISTRICT,
v.
PARENTS ON BEHALF OF STUDENT.
OAH CASE NUMBER 2025040010
ORDER GRANTING PEREMPTORY CHALLENGE
APRIL 7, 2025
On April 7, 2025, Mendocino filed a notice of peremptory challenge with the Office of Administrative Hearings, called OAH, to Administrative Law Judge Theresa Ravandi. An Administrative Law Judge is called ALJ. 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, 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).)
Mendocino’s peremptory challenge is timely and GRANTED. The case is now assigned to ALJ Fritz, and all scheduled dates remain on calendar.
IT IS SO ORDERED.
Joy Redmon Presiding Administrative Law Judge Office of Administrative Hearings