Los Angeles Unified School District v. Garcia

314 P.3d 767, 58 Cal. 4th 175, 165 Cal. Rptr. 3d 460, 2013 WL 6501267, 2013 Cal. LEXIS 9747
CourtCalifornia Supreme Court
DecidedDecember 12, 2013
DocketS199639
StatusPublished
Cited by31 cases

This text of 314 P.3d 767 (Los Angeles Unified School District v. Garcia) is published on Counsel Stack Legal Research, covering California Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Los Angeles Unified School District v. Garcia, 314 P.3d 767, 58 Cal. 4th 175, 165 Cal. Rptr. 3d 460, 2013 WL 6501267, 2013 Cal. LEXIS 9747 (Cal. 2013).

Opinion

Opinion

CANTIL-SAKAUYE, C. J.

In California, an individual with a disability who is between 18 and 22 years of age and has not yet earned a regular high school diploma is entitled to continue to receive special education and related services, even while incarcerated in a county jail, so long as certain prerequisites have been satisfied. (Ed. Code, § 56040, subd. (b); see id., §§ 56000, 56026, subd. (c)(4); all unlabeled statutory references are to the Education Code.) Like the other states that receive substantial federal funds for special education and related services, California’s policies and procedures governing special education programs must conform to the requirements of the federal Individuals with Disabilities Education Act (hereafter IDEA) and the federal regulations that implement and clarify its provisions. (20 U.S.C. § 1400 et seq.; 34 C.F.R. §§ 300.100-300.176 (2013).) But Congress has left it to each state to determine which public entity within the state is responsible for *179 providing special education and related services to its eligible pupils, including those incarcerated in county jail.

One of the provisions in California’s special education scheme that designates the entity responsible for providing a special education program is section 56041. We granted the request of the United States Court of Appeals for the Ninth Circuit to answer the following question of California law, as reformulated by this court: Does California Education Code section 56041, which provides generally that for qualifying pupils between the ages of 18 and 22 years, the school district where the pupil’s parent resides is responsible for providing special education and related services, affix responsibility for providing special education to a qualifying individual who is incarcerated in a county jail? (Cal. Rules of Court, rule 8.548(f)(5).)

We answer that question “Yes.” As we shall explain, although section 56041 does not by its terms specifically address county jail inmates, the statutory language is broad enough to encompass special education programs for eligible county jail inmates between the ages of 18 and 22 years, and no other statute explicitly assigns responsibility for the provision of special education to such individuals. Applying the terms of section 56041 to assign responsibility in this setting is consistent with the purposes of the statute and the special education scheme as a whole, and does not create absurd or unworkable results.

Factual and Procedural Background

Michael Garcia was bom in June 1990. His mother has resided in the City of Bell, in Los Angeles County, from before Garcia’s birth until the present time. Garcia first became eligible for special education services in the second grade, when he was identified as having specific learning deficiencies as well as speech and language impairment. His “district of residence,” the Los Angeles Unified School District (L.A. Unified), provided the special education program in his early years. (See § 48200; Union School Dist. v. Smith (9th Cir. 1994) 15 F.3d 1519, 1525, fn. 1 [the compulsory education residency mle for children ages six through 18 also determines the local educational agency responsible for providing a special education program].) When Garcia was 15 years old, he left L.A. Unified and enrolled in the Soledad Enrichment Action Charter School, chartered by the Los Angeles County Office of Education, which provided him with a special education program. (See §§ 47640, 47641.)

Thereafter, sometime before Garcia’s 16th birthday, he was arrested on felony charges and held at the Barry J. Nidorf Juvenile Hall in Los Angeles County. While Garcia was being detained in the juvenile facility, he was *180 provided a special education program by the Los Angeles County Office of Education, which, by statute, is the entity responsible for providing general and special education in the county’s juvenile court schools. (See §§ 48645.2, 56150.) Like L.A. Unified, the Los Angeles County Office of Education determined that Garcia was eligible for special education and related services due to his specific learning disability and speech and language impairment. In June 2008, when Garcia turned 18 years old, he was transferred from the juvenile facility to the Los Angeles County jail to await trial.

In December 2008, counsel from the Disability Rights Legal Center filed on behalf of Garcia and other similarly situated individuals a request for a due process hearing before the Department of General Services, Office of Administrative Hearings, Special Education Division (OAH), alleging that Garcia and others like him were being denied a free appropriate public education (hereafter sometimes FAPE), as required by the IDEA, because there was no system for delivering special education services for eligible inmates in the Los Angeles County jail. (See 20 U.S.C. § 1415(f); 34 C.F.R. §§ 300.151-300.153 (2013); Cal. Code Regs., tit. 5, §§ 3080, 3082, 4610.) The request named as defendants the Los Angeles County Sheriff’s Department, the County of Los Angeles, the Los Angeles County Office of Education, the State Department of Education, and other educational and public entities and officials. Because the OAH is not authorized to consider class actions, the OAH refiled the complaint as one by Garcia individually. The OAH also removed three of the named defendants from the complaint because they were not proper parties to a special education due process hearing. Notably, the initial complaint filed with the OAH did not name L.A. Unified as a defendant.

Most of the claims in Garcia’s complaint were dismissed in January 2009, either because they alleged injuries to a class or because the legal basis of the claim, for example, the federal Americans with Disabilities Act of 1990 (42 U.S.C. § 12101 et seq.), fell outside the OAH’s jurisdiction. Of the remaining claims, which alleged that the defendants had failed to provide Garcia with the FAPE to which he was entitled, the administrative law judge (ALJ) granted each defendant’s motion to be dismissed as a party and dismissed the complaint in its entirety. The ALJ noted there was no statute specifically allocating responsibility for providing a FAPE to an eligible individual who was incarcerated in a county jail. Accordingly, the ALJ looked to what it characterized as the “more general” rule set forth in section 56041, which the ALJ understood to assign responsibility to the school district in which the parent of a qualified pupil between the ages of 18 and 22 years resides. (See post, at p. 185.) In concluding that section 56041 applied, the ALJ noted that “it is not uncommon for a responsible district to administer a distant placement,” and expressed the view that any “difficulties in applying section 56041 in adult correctional facilities ... is a *181

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Bluebook (online)
314 P.3d 767, 58 Cal. 4th 175, 165 Cal. Rptr. 3d 460, 2013 WL 6501267, 2013 Cal. LEXIS 9747, Counsel Stack Legal Research, https://law.counselstack.com/opinion/los-angeles-unified-school-district-v-garcia-cal-2013.