Orange County Department of Education v. California Department of Education

Opinion by Judge FISHER; Partial Concurrence and Partial Dissent by Judge BYBEE.

OPINION

We hold as a matter of California law that the California agency responsible for funding a special education student’s education at an out-of-state residential treatment facility is the school district in which the student’s parent, as defined by California Education Code section 56028, resides. We hold that A.S., the student whose education is at issue, had no “parent” under the 2005 version of section 56028. Thus, from July 28, 2006, when A.S. was placed *1054 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. We hold 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. We accordingly affirm in part and reverse in part the district court’s judgment. The district court properly held CDE…

concurring in part and dissenting in part:

We are asked to identify the agency financially responsible for the education of A.S., a minor, from July 28, 2006 through April 19, 2009. I agree with the majority that for the period of July 28, 2006 to October 9, 2007, the California Department of Education (“CDE”) is responsible for A.S.’s education, although the majority and I reach that conclusion in different ways. See Maj. Op. at 1053-54. I also conclude that CDE is responsible for A.S.’s education from October 10, 2007 to December 31, 2008, and therefore disagree with the majority’s contrary conclusion. Id. at 1053-54. And for the period beginning in January 2009, I agree with the majority that the Orange Unified School District is responsible for A.S.’s education because § 48200, when read in conjunction with the current version of § 56028, makes it so. Id. Where the majority and I disagree, I respectfully dissent.

The majority and I concur in the basic principles relevant to our analysis. Under California law, the district in which a child’s “parent or legal guardian” resides is responsible for the child’s education. Cal. Educ.Code § 48200; see also Maj. Op. at 1056. If…