California OAH special education order · November 26, 2025
Order Granting Peremptory Challenge
OAH Case No. 2025070906 · ALJ Joy Redmon
OAH granted Student's peremptory challenge to ALJ Jeanie Min as timely because she was assigned after the prehearing conference, held by a different ALJ, had already taken place.
This case went to decision
Student v. Palo Alto Unified School District: Palo Alto Unified must reimburse private school tuition and fund 20 hours of staff training after predetermining a repeat IEP offer. (2026)
Summary
Student filed a peremptory challenge, which is a request to remove a judge without giving a reason, against ALJ Jeanie Min. ALJ Gorsline had held the prehearing conference but later became unavailable, and the case was then reassigned to ALJ Min. Because ALJ Min was not assigned at the time of the prehearing conference, the deadline to challenge by the start of that conference did not apply, so the challenge was timely. OAH granted it and reassigned the case to ALJ Paul Kamoroff.
Why it matters
Each party gets one peremptory challenge. When a case is reassigned to a new ALJ after the prehearing conference, a party can still use that challenge against the new judge, as long as the hearing has not started.
Key authority cited
- Gov. Code, § 11425.40, subd. (d)
- Cal. Code Regs., tit. 1, § 1034
People named in the order
- Jeanie Min, Administrative Law Judge (challenged)
- Gorsline, Administrative Law Judge (originally assigned; conducted prehearing conference)
- Paul Kamoroff, 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.
PALO ALTO UNIFIED SCHOOL DISTRICT.
OAH CASE NUMBER 2025070906
ORDER GRANTING PEREMPTORY CHALLENGE
NOVEMBER 26, 2025
On November 26, 2025, Student filed a notice of peremptory challenge with the Office of Administrative Hearings, called OAH, to Administrative Law Judge Jeanie Min.
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).)
This matter was originally assigned to ALJ Gorsline who conducted the prehearing conference. She later became unavailable and the matter assigned to ALJ Min. Accordingly, Student’s peremptory challenge is timely and granted. The matter is now assigned to ALJ Paul Kamoroff.
IT IS SO ORDERED.
Joy Redmon Presiding Administrative Law Judge Office of Administrative Hearings