Orange County Dept. of Educ. v. CA Dept. of Educ., et al, No. 09-56192 (9th Cir. 2011)
Annotate this CaseThis case involved A.S., a California minor, who was eligible for special education services under the Individuals with Disabilities Education Act (IDEA), 20 U.S.C. 1400 et seq. At issue was which California agency was responsible for funding A.S.'s educational placement in an out-of-state residential treatment facility. The court held as a matter of California law that the California agency responsible for funding A.S.'s education at an out-of-state residential treatment facility was the school district in which the student's parent, as defined by California Education Code section 56028, resided. The court held that A.S. had no parent under the 2005 version of section 56028 and thus, from July 28, 2006, when A.S. was placed at the out-of-state facility, until October 9, 2007, when an amended version of section 56028 took effect, California law did not designate any educational agency as responsible for A.S.'s education. The California Department of Education (CDE) was therefore responsible by default. The court held that A.S. did have a parent under the 2007 and 2009 versions of section 56028. CDE therefore was not responsible for A.S.'s out-of-state education after October 10, 2007, when the 2007 version of section 56028 took effect. Accordingly, the court affirmed in part and reversed in part the district court's judgment.
This opinion or order relates to an opinion or order originally issued on May 18, 2011.
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