March 28, 2012

This one, we’ll answer

The Supreme Court today unanimously granted the Ninth Circuit’s request to answer the question, “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?”

After the denial of a Ninth Circuit request just two weeks ago, today’s action is a return to the more common positive response from the Supreme Court when the federal appellate court asks for help on questions of California law. The grant is also of interest because, eight months ago, the Supreme Court denied a Ninth Circuit request to answer a different which-district-pays-for-special-education question.

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