January 21, 2012

Ninth Circuit asks the Supreme Court another who-pays-for-special-education question

The Ninth Circuit yesterday asked the California Supreme Court to answer a question that will help the federal appeals court decide which school district is responsible for a student’s special education costs. In Los Angeles Unified School District v. Garcia, the Ninth Circuit asked: “Does California Education Code § 56041 — which provides generally that for qualifying children ages eighteen to twenty-two, the school district where the child’s parent resides is responsible for providing special education services — apply to children who are incarcerated in county jails?”

In May of last year, the Ninth Circuit requested an answer to a different which-district-pays question. The Supreme Court denied that request.

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