California Supreme Court Rules Youth Aged 18-22 in County Jail Entitled to Special Education Services

Disability Rights Legal Center and pro bono co-counsel at Milbank, Hadley, Tweed, & McCloy have won a landmark case in the California Supreme Court.  The court ruled in Los Angeles Unified School District v. Garcia on December 13, 2013, that California Education Code section 56041, (which requires the school district in which a pupil’s parent resides to provide special education and related services to youth between the ages of 18 and 22 years), applies to qualified persons who are incarcerated in county jails.  This case will have a huge impact across California as it is the first time that the Court has clearly established a responsible agency for providing/funding special education services to qualified students who are in County jails, and that school districts can no longer shirk their responsibilities to provide these services.