In California, an individual with a disability who is between 18 and 22 years of age and has not yet earned a regular high school diploma is entitled to continue to receive special education and related services, even while incarcerated in a county jail, so long as certain prerequisites have been satisfied. (Ed. Code, § 56040, subd. (b); see id., §§ 56000, 56026, subd. (c)(4); all unlabeled statutory references are to the Education Code.) Like the other states that receive substantial federal funds for special education and related services, California's policies and procedures governing special education programs must conform to the requirements of the federal Individuals with Disabilities Education Act (hereafter IDEA), and the federal regulations that implement and clarify its provisions. (20 U.S.C. § 1400 et seq.; 34 C.F.R. §§ 300.100-300.176 (2013).) But Congress has left it to each state to determine which public entity within the state is responsible for
One of the provisions in California's special education scheme that designates the entity responsible for providing a special education program is section 56041. We granted the request of the United States Court of Appeals for the Ninth Circuit to answer the following question of California law, as reformulated by this court: Does California Education Code section 56041, which provides generally that for qualifying pupils between the ages of 18 and 22 years, the school district where the pupil's parent resides is responsible for providing special education and related services, affix responsibility for providing special education to a qualifying individual who is incarcerated in a county jail? (Cal. Rules of Court, rule 8.548(f)(5).)
We answer that question "Yes." As we shall explain, although section 56041 does not by its terms specifically address county jail inmates, the statutory language is broad enough to encompass special education programs for eligible county jail inmates between the ages of 18 and 22 years, and no other statute explicitly assigns responsibility for the provision of special education to such individuals. Applying the terms of section 56041 to assign responsibility in this setting is consistent with the purposes of the statute and the special education scheme as a whole, and does not create absurd or unworkable results.
Michael Garcia was born in June 1990. His mother has resided in the City of Bell, in Los Angeles County, from before Garcia's birth until the present time. Garcia first became eligible for special education services in the second grade, when he was identified as having specific learning deficiencies as well as speech and language impairment. His "district of residence," the Los Angeles Unified School District (L.A. Unified), provided the special education program in his early years. (See § 48200; Union School Dist. v. Smith (9th Cir. 1994) 15 F.3d 1519, 1525, fn. 1 [the compulsory education residency rule for children ages six through 18 also determines the local educational agency responsible for providing a special education program].) When Garcia was 15 years old, he left L.A. Unified and enrolled in the Soledad Enrichment Action Charter School, chartered by the Los Angeles County Office of Education, which provided him with a special education program. (See §§ 47640, 47641.)
Thereafter, sometime before Garcia's 16th birthday, he was arrested on felony charges and held at the Barry J. Nidorf Juvenile Hall in Los Angeles County. While Garcia was being detained in the juvenile facility, he was
In December 2008, counsel from the Disability Rights Legal Center filed on behalf of Garcia and other similarly situated individuals a request for a due process hearing before the Department of General Services, Office of Administrative Hearings, Special Education Division (OAH), alleging that Garcia and others like him were being denied a free appropriate public education (hereafter sometimes FAPE), as required by the IDEA, because there was no system for delivering special education services for eligible inmates in the Los Angeles County jail. (See 20 U.S.C. § 1415(f); 34 C.F.R. §§ 300.151-300.153 (2013); Cal. Code Regs., tit. 5, §§ 3080, 3082, 4610.) The request named as defendants the Los Angeles County Sheriff's Department, the County of Los Angeles, the Los Angeles County Office of Education, the State Department of Education, and other educational and public entities and officials. Because the OAH is not authorized to consider class actions, the OAH refiled the complaint as one by Garcia individually. The OAH also removed three of the named defendants from the complaint because they were not proper parties to a special education due process hearing. Notably, the initial complaint filed with the OAH did not name L.A. Unified as a defendant.
Most of the claims in Garcia's complaint were dismissed in January 2009, either because they alleged injuries to a class or because the legal basis of the claim, for example, the federal Americans with Disabilities Act of 1990 (42 U.S.C. § 12101 et seq.), fell outside the OAH's jurisdiction. Of the remaining claims, which alleged that the defendants had failed to provide Garcia with the FAPE to which he was entitled, the administrative law judge (ALJ) granted each defendant's motion to be dismissed as a party and dismissed the complaint in its entirety. The ALJ noted there was no statute specifically allocating responsibility for providing a FAPE to an eligible individual who was incarcerated in a county jail. Accordingly, the ALJ looked to what it characterized as the "more general" rule set forth in section 56041, which the ALJ understood to assign responsibility to the school district in which the parent of a qualified pupil between the ages of 18 and 22 years resides. (See post, at p. 185.) In concluding that section 56041 applied, the ALJ noted that "it is not uncommon for a responsible district to administer a distant placement," and expressed the view that any "difficulties in applying section 56041 in adult correctional facilities ... is a
One month after the ALJ's decision, Garcia and others filed a class action in federal district court, alleging the same claims against the same parties named in the due process complaint. (Garcia v. Los Angeles County Sheriff's Dept., case No. 09-1513 VBF (CTx); see 20 U.S.C. § 1415(i)(2)(A) [any party aggrieved by the findings or outcome of the due process hearing can bring a civil action in state or federal court].) Three months later, in late May 2009, the district court dismissed the action without prejudice. The district court concluded that the plaintiffs had failed to exhaust their administrative remedies under the IDEA because they did not file an amended complaint at the administrative level "naming proper parties against whom relief could be sought." (See 20 U.S.C. § 1415(f), (g), (i); Christopher S. ex rel. Rita S. v. Stanislaus County Office of Education (9th Cir. 2004) 384 F.3d 1205, 1209 [a plaintiff generally must exhaust his or her administrative remedies before seeking relief in federal or state court under the IDEA].) Dismissal also was warranted, the district court ruled, because the plaintiffs failed to join L.A. Unified as a party to the class action.
In June 2009, within days of the dismissal of the class action in federal court, Garcia filed a second due process complaint with the OAH, this time naming only L.A. Unified as a party and arguing that L.A. Unified was responsible for providing him with a special education program in county jail. In November 2009, after a hearing, the OAH issued a decision reaffirming the ALJ's conclusion in the previous due process proceeding that section 56041 applied to designate the entity responsible for providing a special education program to Garcia. It further concluded that, because Garcia's mother resides within L.A. Unified's boundaries, L.A. Unified was responsible for Garcia's special education while he was incarcerated in county jail. (Student v. Los Angeles Unified School Dist. (OAH, Nov. 16, 2009, No. 2009060442).)
Pursuant to the November 2009 order by the OAH, L.A. Unified provided Garcia with a special education program in the Los Angeles County jail. Meanwhile, it filed in the federal district court a motion for relief from the OAH's decision. In May 2010, the district court affirmed the OAH decision, finding in relevant part that the OAH correctly determined section 56041 applies to allocate responsibility for providing special education and related services to Garcia in county jail and that, under that provision, L.A. Unified was responsible for providing such services.
L.A. Unified appealed the district court's order. While the appeal was pending, Garcia was transferred to state prison after pleading guilty to several charges in exchange for a sentence of 12 years. Acknowledging that the issue
By order dated March 28, 2012, this court granted the Ninth Circuit's request and agreed to decide the proffered state law issue. We have reformulated the question as follows to conform to California law: "Does California Education Code section 56041, which provides generally that for qualifying pupils between the ages of 18 and 22 years, the school district where the pupil's parent resides is responsible for providing special education and related services, affix responsibility for providing special education to a qualifying individual who is incarcerated in a county jail?" (See Cal. Rules of Court, rule 8.548(f)(5).)
Congress enacted the IDEA in order "to ensure that all children with disabilities have available to them a free appropriate public education that emphasizes special education and related services designed to meet their unique needs ...." (20 U.S.C. § 1400(d)(1)(A).) The IDEA accomplishes that objective through partial federal funding. Under the IDEA, a state is eligible to receive federal financial assistance for educating disabled students by having in place policies and procedures that will ensure compliance with certain enumerated goals and procedures. (20 U.S.C. § 1412(a); County of San Diego v. California Special Education Hearing Office (9th Cir. 1996) 93 F.3d 1458, 1461-1462.)
In 1980, California's lawmakers enacted a comprehensive statutory scheme that substantially restructured California's then existing special education system. (§ 56000 et seq., added by Stats. 1980, ch. 797, § 9, p. 2411.) The Legislature's intent was to "improve special education programs in California under the flexible program design of the Master Plan for Special Education" (§ 56000) and thereby enhance compliance with the federal funding requirements of the IDEA's predecessor, the Education of the Handicapped Act, which was then the governing federal legislation (see Hayes v. Commission on State Mandates (1992) 11 Cal.App.4th 1564, 1591 [15 Cal.Rptr.2d 547]). Subsequent to statewide implementation of the master plan for special education (Master Plan) in 1980 and enactment of the IDEA in 1990, California's Legislature has continued to amend the special education statutes, refining the Master Plan and conforming California law to further changes in the federal requirements. (See Legis. Analyst Rep., Overview of Special Education in Cal. (Jan. 3, 2013) p. 7 <http://www.lao.ca.gov/reports/ 2013/edu/special-ed-primer/special-ed-primer-010313.pdf> [as of Dec. 12, 2013].)
One of the conditions for a state's receipt of federal funding under the IDEA is its assurance that a "free appropriate public education" is available to all qualified students residing in the state. (20 U.S.C. § 1412(a)(1)(A).) A FAPE is "special education and related services," provided at public expense, which meet the standards of the state's educational agency and conform to the student's individualized education program. (20 U.S.C. § 1401(9).) To comply with the IDEA, the responsible entity must evaluate the student, determine his or her eligibility for special education and services and, if the
Under the IDEA, "all children with disabilities residing in the State between the ages of 3 and 21, inclusive" are entitled to a FAPE. (20 U.S.C. § 1412(a)(1)(A).) There are, however, certain limited exceptions to that entitlement. For example, a state receiving federal funds is not obligated to provide a FAPE to a disabled student once the student has been awarded a regular high school diploma. (34 C.F.R. § 300.102(a)(3)(i) (2013).) In addition, the IDEA does not require the states to provide a FAPE to disabled students ages 18 through 21 years "who, in the educational placement prior to their incarceration in an adult correctional facility — [¶] (I) were not actually identified as being a child with a disability ...; or [¶] (II) did not have an individualized education program ...." (20 U.S.C. § 1412(a)(1)(B)(ii).)
In the present matter, there is no dispute that, under the IDEA and the California statutes that implement its policies, the individual on whose behalf this action was brought, Garcia, was entitled to continue to receive a FAPE while incarcerated in county jail: He was under the age of 22 years, had not received a high school diploma or otherwise met prescribed goals, and, prior to his incarceration, he had been identified as a disabled student and had an individualized educational program. (See §§ 56026, subd. (c)(4), 56040, subd. (b).)
Although the IDEA's requirements to obtain federal funding are substantial, it "`leaves to the States the primary responsibility for developing and executing educational programs'" for disabled students. (Schaffer v. Weast (2005) 546 U.S. 49, 52 [163 L.Ed.2d 387, 126 S.Ct. 528], quoting Hendrick Hudson Dist. Bd. of Ed. v. Rowley (1982) 458 U.S. 176, 183, 207 [73 L.Ed.2d 690, 102 S.Ct. 3034].) The IDEA likewise leaves it to the states to decide how they will allocate among the various state and local public agencies the responsibility for providing, and funding, special education programs in accordance with its provisions. (See Manchester School Dist. v. Crisman (1st Cir. 2002) 306 F.3d 1, 10 ["The IDEA nowhere purports to allocate financial liability among the multitude of school districts housed within the fifty states."]; see also J.S. v. Shoreline School Dist. (W.D.Wn. 2002) 220 F.Supp.2d 1175, 1191-1192 [the assignment of responsibility for providing a FAPE typically turns on the issue of residency, which is a matter of state law]; Linda W. v. Indiana Dept. of Education (N.D.Ind. 1996) 927 F.Supp. 303, 307.)
Of relevance here, federal rulemakers intentionally declined to designate the entity responsible for providing special education and related services to incarcerated individuals. According to the federal Department of Education's
The narrow question presented for our decision is whether one of the provisions in California's special education scheme that designates the entity responsible for providing a special education program, section 56041, affixes responsibility for making a special education program available to an eligible young adult between the ages of 18 and 22 years who is incarcerated in county jail. For the reasons discussed below, we conclude that, under the current statutory scheme, the determination of which entity is responsible for providing special education and related services to a qualified county jail inmate between the ages of 18 and 22 years is governed by the terms of section 56041.
As mentioned above, lawmakers have attempted to assure California's continued receipt of federal funding by enacting legislation to conform our state's special education policies and procedures to changes in the federal requirements. In 1992, the Legislature undertook one of several comprehensive revisions of the special education statutory scheme, amending several existing provisions and adding new ones. (Stats. 1992, ch. 1360, § 1 et seq., pp. 6806-6838 [enacting Assem. Bill No. 2773 (1991-1992 Reg. Sess.)].) The measure addressed a number of major issues, including procedures for expulsion and suspension of special education pupils, alternative dispute resolution at the local level, and services to pupils with attention deficit hyperactivity disorders. (See §§ 48911-48912, 48915.5, 56138, 56339.) The 1992 legislation also added section 56041, the statute at issue in the present case. (Stats. 1992, ch. 1360, § 8, p. 6818.) That provision, which reads the same today as at the time it was enacted, states as follows:
As a general matter, section 56041, subdivision (a) (hereafter section 56041(a)), assigns responsibility for providing special education and related services to "nonconserved pupils" between the ages of 18 and 22 years to the school district in which the pupil's parent or parents reside. As previously mentioned, both the federal district court and the OAH relied upon the plain language of section 56041(a) to conclude that, based on the location of Garcia's mother's residence at the time Garcia reached the age of 18 years and thereafter, L.A. Unified was responsible for providing a special education program to Garcia while he was incarcerated in county jail.
Garcia urges this court to reach a similar conclusion. As he points out, under sections 48200 and 48204, a school district is responsible for providing a free full-time public education or a free appropriate public education, as the
Other, more specific provisions in the special education scheme carve out additional exceptions to the application of section 56041. For example, the Legislature has assigned to the county board of education the responsibility for providing, or contracting with a local school district to provide, both general education and special education services to youth and young adults incarcerated in the juvenile detention facilities within its jurisdiction. (§§ 48645.2, 56150; see Welf. & Inst. Code, § 1731.5, subd. (a)(1), (2) [a court may commit to the Division of Juvenile Facilities any person convicted of one or more specified offenses who was younger than 21 years old at the time of apprehension].) Similarly, the Legislature has assigned responsibility for providing special education to hospitalized students to the local educational agency that serves the geographic area where the hospital or medical facility is located. (§ 56167, subd. (a).)
L.A. Unified argues that the language of section 56041 does not evince any intent to assign responsibility for providing special education to eligible county jail inmates because the statute does not expressly refer to county jails. That section 56041 makes no specific reference to county jail inmates does not mean it does not assign responsibility for providing special education services in that setting, however. As demonstrated by this court's past decisions, we have not hesitated to construe statutory language to cover a subject that was not expressly mentioned in the provision in question, when doing so is consistent with the statute's purpose. For example, in City of San Jose v. Superior Court (1993) 5 Cal.4th 47 [19 Cal.Rptr.2d 73, 850 P.2d 621], we held that the procedural safeguards set forth in Evidence Code section 1045, which governs the disclosure of confidential police personnel files to criminal defendants, also applied in juvenile delinquency proceedings, notwithstanding that the statute did not expressly refer to delinquency matters. (City of San Jose, supra, at pp. 53-54; see Cel-Tech Communications, Inc. v. Los Angeles Cellular Telephone Co. (1999) 20 Cal.4th 163, 183 [83 Cal.Rptr.2d 548, 973 P.2d 527] [the Legislature's failure to specifically prohibit certain activity under the unfair competition law does not prevent a court from determining that the activity is unfair under the act].) Likewise here, the absence of an express reference to county jails does not preclude us from interpreting section 56041 to assign responsibility for providing special education to eligible 18- to 22-year-old individuals incarcerated in such facilities because such a construction is consistent with the overarching statutory purpose of satisfying the state's obligations under the IDEA by ensuring that a clearly designated educational agency is assigned responsibility for providing eligible individuals "the right to an appropriate educational opportunity to meet their unique needs." (§ 56000, subd. (a); see 20 U.S.C. §§ 1400(d)(1)(A), 1412(a).)
L.A. Unified argues that the legislative history of section 56041 reflects a more limited purpose, namely, to maintain interdistrict funding obligations when a student who has been placed by one school district into a special education program located in another school district reaches the age of majority and would otherwise become the funding responsibility of a district that had no involvement in the placement decision. In light of the broadly worded language of section 56041, we cannot agree with L.A. Unified's contention that the statute should be interpreted narrowly as applying to only the foregoing circumstances.
The materials described above support L.A. Unified's point that the impetus for the lawmakers' enactment of section 56041 was to solve a problem resulting from the placement of a minor pupil in a residential school located outside the geographical boundaries of the pupil's district of residence — that is, outside the district in which the parent resided. We observe, however, that although lawmakers were presented with a specific and narrow problem, they did not limit the statute's application to only those situations in which a school district had placed the minor student in a residential school outside of its jurisdictional boundaries. Instead, the statute is worded in broader terms. It distinguishes only between conserved and nonconserved pupils and, as previously discussed, its only express limitations are the exceptions to the residency requirements for compulsory education generally. (§ 56041(a) ["Except for those pupils meeting residency requirements for school attendance specified in subdivision (a) of Section 48204 ...."].)
For its part, amicus curiae California School Boards Association asserts that, notwithstanding the statute's admittedly broad terms, it is unlikely the Legislature intended for section 56041 to be used to assign responsibility for special education services for county jail inmates. As the California School Boards Association points out, when the Legislature enacted section 56041 in 1992, California law did not explicitly require special education for county jail inmates between the ages of 18 and 22, and it was not until 2004 that the
Notwithstanding that a distinct and specific problem may have motivated the Legislature's enactment of section 56041, our construction of that statute as the provision that designates the entity responsible for providing special education to an eligible county jail inmate between the ages of 18 and 22 years is consistent with several of the apparent objectives of section 56041. First, our interpretation of the statute follows the general state educational policy of assigning funding responsibility for a pupil's compulsory public education to the school district in which the pupil's parent resides. Furthermore, and as the federal district court observed, this interpretation protects a local educational agency serving the geographic area in which a heavily populated county jail like the Los Angeles County jail is located from becoming overwhelmed by the financial responsibility for educating eligible young adult inmates whose parents reside in other districts. (See Los Angeles Unified School Dist. v. Garcia, supra, 669 F.3d at p. 961.)
Our construction of section 56041 likewise comports with the special education scheme generally. As previously mentioned, a court interpreting a
We further observe that although the special education framework includes specific provisions that render section 56041 inapplicable in institutional settings that are similar to county jails, there is no inconsistency between the existence of those statutes and applying the more general terms of section 56041 to designate responsibility for providing special education to an eligible 18 to 22 year old who is incarcerated in county jail. With regard to institutional settings like juvenile court schools, the Legislature has specifically considered the unique characteristics of the particular educational environment and designated the entity responsible for providing special education in those facilities accordingly. There is no indication that the Legislature has specifically considered the delivery of special education programs to eligible young adult inmates in county jail. Unless and until the Legislature chooses to adopt a special rule to govern responsibility in that setting, there is nothing impermissible or incongruous about designating the entity responsible for special education programs in county jail in accordance with the more general terms of section 56041.
L.A. Unified asserts finally that applying section 56041 to assign responsibility for providing special education programs to eligible county jail inmates would lead to absurd, unworkable results. According to L.A. Unified, requiring the school district where an eligible inmate's parent resides to provide special education in the county jail where the inmate is incarcerated presents significant logistical concerns, especially for school districts that are geographically distant from the county jail. L.A. Unified maintains that such districts would face uncertain staff and service obligations, and there could be delays in services and barriers to the quick resolution of disputes between the school district and the inmate. L.A. Unified warns furthermore that jail administrators would face staffing and security issues in the event personnel from numerous school districts were to simultaneously converge on the jail facility to provide special education programs to their respective pupils.
Amicus curiae California School Boards Association cautions that even were another school district or entity willing to contract with the school district in which the eligible county jail inmate's parent resides, there are no guarantees such an agreement would adequately discharge the responsible school district's obligations under our state law and the IDEA. The California School Boards Association argues that because correctional institutions are penological rather than educational in nature, they present distinctive and significant program-implementation issues that could impact the delivery of an inmate's special education program, placing school districts at risk of being held liable for the denial of a FAPE to a qualified individual. The association's concerns do not render our interpretation of section 56041 unworkable, however. When a school district contracts with certain entities, for example, with a nonpublic, nonsectarian school, to provide special education and related services that the school district cannot itself provide, the Legislature has ensured that such arrangements will comply with required policies and procedures by clarifying the necessary terms and respective duties to be set forth in master contracts between the school district and the other entity. (See, e.g., § 56366, subd. (a) [required terms of agreements between local educational agencies and nonpublic, nonsectarian schools or agencies].) Although there is no specific statutory provision setting forth the required terms of a contract between school districts and other entities for the provision of special education services in county jails, a school district is not without any guidance in this matter. For example, many of the terms for agreements with nonpublic, nonsectarian schools mandated by section 56366, subdivision (a), could be imported into existing agreements for the general education of county jail inmates pursuant to sections 1900 through 1909.5. (See also § 1259 [regarding agreements for educating inmates under the jurisdiction of the Department of Corrections and Rehabilitation].) If any additional guidance or clarification is needed, school districts are free to seek further action by the Legislature.
Kennard, J., Baxter, J., Werdegar, J., Chin, J., Corrigan, J., and Liu, J., concurred.
We observe, and at oral argument the parties agreed, that when the Legislature incorporated section 48204's exceptions to the residency rule into section 56041, lawmakers clearly intended the reference to "emancipation" in section 48204, subdivision (a)(4), to mean emancipation of a minor. (See Fam. Code, § 7050, subd. (e)(15) [providing that an emancipated minor is considered an adult for purposes of "establish[ing] the minor's own residence"].)
The administrative hearing decisions cited by the parties have applied, or declined to apply, section 56041 to assign responsibility for providing special education to eligible 18- to 22-year-old pupils in settings other than a county jail or other adult correctional facility. Because the factual scenarios presented by those decisions are not before us, we express no view regarding their reasoning or result.