LOS ANGELES UNIFIED SCHOOL DIST. v. GARCIA

No. S199639.

58 Cal.4th 175 (2013)

165 Cal. Rptr. 3d 460

314 P.3d 767

LOS ANGELES UNIFIED SCHOOL DISTRICT, Plaintiff and Appellant, v. MICHAEL GARCIA, Defendant and Respondent.

Supreme Court of California.

December 12, 2013.


Attorney(s) appearing for the Case

Diane H. Pappas , Donald A. Erwin , Mampre R. Pomakian ; Littler Mendelson , Barrett K. Green and Daniel Gonzalez for Plaintiff and Appellant.

Keith Bray , Elaine Yama-Garcia ; Vu Vaccaro , Van T. Vu and Kourtney Vaccaro for California School Boards Association and its Education Legal Alliance as Amici Curiae on behalf of Plaintiff and Appellant.

Kamala D. Harris , Attorney General, Manuel M. Medeiros , State Solicitor General, Alicia Fowler , Acting Chief Assistant Attorney General, Julie Weng-Gutierrez , Assistant Attorney General, Susan M. Carson , Acting Assistant Attorney General, Niromi W. Pfeiffer , Glenda N. Reager and Ismael A. Castro , Deputy Attorneys General, for the California Department of Education as Amicus Curiae on behalf of Plaintiff and Appellant.

Disability Rights Legal Center, Paula D. Pearlman , Michelle Uzeta , Anna Rivera ; Milbank, Tweed, Hadley & McCloy, Linda Dakin-Grimm , Daniel M. Perry , Delilah Vinzon and Hannah L. Cannom for Defendant and Respondent.

Youth & Education Law Project, William S. Koski and Carly J. Munson for Children's Rights Clinic at Southwestern Law School, Disability Rights Advocates, Disability Rights California, Learning Rights Law Center, Law Foundation of Silicon Valley, Loyola Law School, Center for Juvenile Law and Policy and Public Counsel Law Center as Amici Curiae on behalf of Defendant and Respondent.


OPINION

CANTIL-SAKAUYE, C. J.

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...

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