California OAH special education order · November 26, 2025
Order Granting Peremptory Challenge
OAH Case No. 2025080736 · ALJ Joy Redmon
OAH granted Student's peremptory challenge to ALJ Paul Kamoroff as timely because he was assigned after the original ALJ held the prehearing conference and became unavailable; ALJ Jeanie Min reassigned.
This case went to decision
Student v. San Francisco Unified School District: San Francisco Unified denied FAPE by not changing placement in April 2025; ordered to fund 30 BCBA hours, residential placement denied. (2026)
Summary
Student filed a peremptory challenge, which is a disqualification without cause, against ALJ Paul Kamoroff. A challenge normally must be made before the prehearing conference if an ALJ is already assigned. Here, ALJ Jennifer Kelly conducted the prehearing conference and then became unavailable, and the case was reassigned to ALJ Kamoroff afterward. OAH found the challenge timely, granted it, and assigned the case to ALJ Jeanie Min.
Why it matters
Each party gets one no-cause challenge to an assigned ALJ. If a new ALJ is assigned 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
- Paul Kamoroff, Administrative Law Judge (challenged)
- Jennifer Kelly, Administrative Law Judge (originally assigned; conducted prehearing conference)
- 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.
SAN FRANCISCO UNIFIED SCHOOL DISTRICT.
OAH CASE NUMBER 2025080736
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 Paul Kamoroff. 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).)
The matter was originally assigned to ALJ Jennifer Kelly who conducted the prehearing conference. Thereafter, she became unavailable and the matter assigned to ALJ Kamoroff. Accordingly, the challenge is timely and GRANTED. The matter is now assigned to ALJ Jeanie Min.
IT IS SO ORDERED.
Joy Redmon Presiding Administrative Law Judge Office of Administrative Hearings