California OAH special education order · July 2, 2025
Order Granting Peremptory Challenge
OAH Case No. 2025041199 · ALJ Cole Dalton
OAH granted New Haven's peremptory challenge to ALJ Thanayi Lindsey as timely because she was assigned after the prehearing conference but before hearing. The case was reassigned to ALJ Jeanie Min.
This case went to decision
Student v. New Haven Unified School District: New Haven Unified prevails on all three claims over speech services, school records, and an independent psychoeducational evaluation. (2025)
Summary
New Haven Unified School District filed a peremptory challenge, which removes a judge without stating a reason, against ALJ Thanayi Lindsey. Each party gets one such challenge. It must normally be made before the prehearing conference if an ALJ is already assigned, and never after the hearing starts. Because the hearing was reassigned to ALJ Lindsey after the prehearing conference but before the hearing began, the challenge was timely. OAH granted it, reassigned the case to ALJ Jeanie Min, and kept all scheduled dates on calendar.
Why it matters
Each side gets one no-reason challenge to the assigned judge, and it stays available when a case is reassigned to a new judge after the prehearing conference. Reassignment does not move the hearing dates.
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
- Thanayi Lindsey, Administrative Law Judge (challenged)
- Jeanie Min, 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:
PARENTS ON BEHALF OF STUDENT,
v.
NEW HAVEN UNIFIED SCHOOL DISTRICT.
OAH CASE NUMBER 2025041199
ORDER GRANTING PEREMPTORY CHALLENGE
JULY 2, 2025
On July 2, 2025, New Haven Unified School District filed a notice of peremptory challenge with OAH, to Administrative Law Judge Thanayi Lindsey. An Administrative Law Judge is called ALJ. New Haven’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).)
The hearing was reassigned to ALJ Lindsey after the PHC, but before the start of the hearing. Therefore, New Haven’s peremptory challenge of ALJ Lindsey 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 Jeanie Min and all scheduled dates remain on calendar.
IT IS SO ORDERED.
Cole Dalton Presiding Administrative Law Judge Office of Administrative Hearings