Garcia

ORDER

This case requires us to decide, as a matter of California law, whether the responsible agency for providing special education services under the Individuals with Disabilities Education Act (IDEA), 20 U.S.C. § 1400 et seq., to an eligible child incarcerated in a county jail is the school district where the child’s parents reside. We respectfully request that the California Supreme Court decide the certified question that follows.

I. Question Certified

Pursuant to Rule 8.548 of the California Rules of Court, we request that the California Supreme Court answer the following question:

The California Supreme Court’s decision on this question of California law would determine the outcome of this appeal and no controlling precedent exists. See Cal. R. Ct. 8.548(a). We agree to accept and follow the Court’s decision. See Cal. R. Ct. 8.548(b)(2). We certify this question because deciding it would require us to answer a novel question of California law that could impose substantial financial obligations on school districts throughout the state. Moreover, because suits concerning special services required by the IDEA are subject to federal jurisdiction, the California courts are…