Board of Education of Jefferson County School District No. 8 v. Board of Education of York County School District No. 12

703 N.W.2d 257, 270 Neb. 407, 2005 Neb. LEXIS 160
CourtNebraska Supreme Court
DecidedSeptember 16, 2005
DocketNo. S-03-1190
StatusPublished
Cited by1 cases

This text of 703 N.W.2d 257 (Board of Education of Jefferson County School District No. 8 v. Board of Education of York County School District No. 12) is published on Counsel Stack Legal Research, covering Nebraska Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Board of Education of Jefferson County School District No. 8 v. Board of Education of York County School District No. 12, 703 N.W.2d 257, 270 Neb. 407, 2005 Neb. LEXIS 160 (Neb. 2005).

Opinion

McCormack, J.

NATURE OF CASE

Nebraska law requires the board of education of every school district to provide or contract for special education programs and transportation for all resident children with disabilities who would benefit from such programs. Neb. Rev. Stat. § 79-1127 (Reissue 2003). The issue in this case is whether C.G., a student with disabilities who receives special education and related services, is a resident of Jefferson County School District No. 8 or York County School District No. 12.

FACTUAL BACKGROUND

C.G. was born on February 2, 1983. Prior to July 14, 1998, C.G. lived with his grandparents, who were his legal guardians, in Fairbury, Nebraska, and attended school there. In the early summer of 1998, C.G. exhibited behavior that was intolerable to his grandparents. As a result of that behavior, C.G.’s grandparents requested assistance from the Nebraska Department of Health and Human Services developmental disabilities system (DHHS). DHHS recommended placing C.G. in a Region V group home in Hebron, Nebraska. C.G.’s grandparents accepted the recommendation. On July 14,1998, C.G. was placed at the group home in Hebron.

[409]*409On September 9, 1998, C.G. was moved from Hebron to another Region V group home in York, Nebraska, once again on the recommendation of DHHS and acceptance by his grandparents. Since that date, C.G. has moved to other Region V group homes, but all have been within the boundaries of York School District No. 12. C.G.’s initial and continued placement in Region V group homes has been for noneducational reasons.

C.G. began attending school in York in September 1998. On December 10, 1998, the board of education of York County School District No. 12 and its school district (hereinafter collectively York) filed a “Report of Resident Children With Verified Disabilities, December 1, 1998” with the Nebraska Department of Education. In the report, York identified C.G. as a special education student and identified C.G.’s “Resident County-District” on the report as “York Public Schools.” A year later, on December 8, 1999, York filed with the Nebraska Department of Education a “SESIS [Special Education Student Information System] Child Count as of Tuesday, November 30, 1999.” York identified C.G. as one of its students in this report.

On March 25, 1999, C.G. became a ward of the State of Nebraska as a result of two separate adjudications in the York County Court sitting as a juvenile court. His status as a state ward continued until August 1, 2000, when the juvenile court terminated its jurisdiction over him. Thereafter, C.G. continued to reside in Region V group homes and to attend school in York. C.G.’s grandparents have consistently expressed their intention not to allow him to return to their home in Fairbury.

PROCEDURAL BACKGROUND

On July 11, 2002, the board of education of Jefferson County School District No. 8 and its school district (hereinafter collectively Fairbury) filed a petition for a declaratory order with the State Board of Education pursuant to Neb. Rev. Stat. § 84-912.01 (Reissue 1999) and 92 Neb. Admin. Code, ch. 62 (1995). Fairbury sought a declaratory order stating that §79-1127 did “not require Fairbury ... to provide a special education to [C.G.] by contracting with York ... pursuant to Neb. Rev. Stat. §79-215 (2001 Supp.) for the 2002-2003 school year because Fairbury ... is not [C.G.’s] resident school district under Neb. Rev. Stat. [410]*410§79-215.” York consented to the use of a declaratory order proceeding to determine Fairbury’s petition. See 92 Neb. Admin. Code, ch. 62, § 003.08.

On July 12, 2002, the Commissioner of Education delegated Fairbury’s petition to a hearing officer, who was to consider the petition and recommend a decision to the Board. See 92 Neb. Admin. Code, ch. 62, §§ 005.01 and 005.01A through 005.01D. On that same day, York filed an answer to Fairbury’s petition. York admitted in part and denied in part Fairbury’s factual allegations and requested a declaratory order stating that C.G. is a resident of Fairbury for purposes of providing special education to C.G. for the 2002-03 school year. Fairbury filed a reply to York’s answer on or about July 24.

On July 31, 2002, the hearing officer issued his findings of fact, conclusions of law, and recommendations to the State Board of Education. He recommended that the board issue a declaratory order finding that C.G. is a resident of Fairbury and that therefore, Fairbury is required to contract with York to provide special education services to C.G. for the 2002-03 school year.

On August 7, 2002, Fairbury requested a reconsideration of the hearing officer’s findings of fact, conclusions of law, and recommendations. In response, the State Board of Education requested the parties submit additional arguments in light of the fact that C.G. had reached the age of majority on February 2, 2002. On September 3, the hearing officer issued an additional recommendation. The hearing officer found that C.G.’s adult status was immaterial to the issue presented and again recommended that the board issue a declaratory order concluding that Fairbury was required to contract with York to provide special education services to C.G. for the 2002-03 school year. The State Board of Education and the Commissioner of Education (hereinafter collectively the Board) entered a declaratory order on September 6, adopting the hearing officer’s findings of fact, conclusions of law, and recommendations. Under the Administrative Procedure Act, Fairbury filed a petition for review in the district court on October 4.

On September 19, 2003, the district court reversed the order of the Board. The court determined that Neb. Rev. Stat. § 79-215(7) [411]*411(Supp. 2001), rather than § 79-215(8), was applicable and concluded that C.G. was a resident of York.

ASSIGNMENTS OF ERROR

The Board appealed, and York cross-appealed. See Neb. Ct. R. of Prac. 1C and IE (rev. 2003). Their assignments of error are the same: The district court erred in (1) determining that C.G. was a resident of York rather than Fairbury, (2) applying § 79-215(7) to determine C.G.’s residency rather than § 79-215(8), and (3) finding that York’s listing of C.G. as a resident student on reports required by the Nebraska Department of Education was evidence that C.G. was a resident of York.

STANDARD OF REVIEW

A judgment or final order rendered by a district court in a judicial review pursuant to the Administrative Procedure Act may be reversed, vacated, or modified by an appellate court for errors appearing on the record. Lein v. Nesbitt, 269 Neb. 109, 690 N.W.2d 799 (2005). When reviewing an order of a district court under the Administrative Procedure Act for errors appearing on the record, the inquiry, is whether the decision conforms to the law, is supported by competent evidence, and is not arbitrary, capricious, or unreasonable. Id.

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Bluebook (online)
703 N.W.2d 257, 270 Neb. 407, 2005 Neb. LEXIS 160, Counsel Stack Legal Research, https://law.counselstack.com/opinion/board-of-education-of-jefferson-county-school-district-no-8-v-board-of-neb-2005.