Student Placed in Group Home by Regional Center Is a District Resident Entitled to Special Ed

Kern High School District argued it was not responsible for a 17-year-old student with autism because her parents lived in Santa Barbara, not within the district. The student had been placed in a licensed children's institution (LCI) inside the district's boundaries by a regional center. The ALJ ruled that a specific state law governing regional center placements overrides the general school residency rules, making the district responsible for providing the student's special education services immediately.

What Happened

Student is a 17-year-old with autism and emotional disturbance who has been a client of Tri-Counties Regional Center since 1993. Prior to July 2006, Student lived at Devereux, a licensed children's institution (LCI) and non-public school located within the Santa Barbara High School District (SBHSD), where her parents also live. When Devereux closed on June 30, 2006, the regional center placed Student at SAILS — another licensed group home — located within the boundaries of Kern High School District.

Student's mother contacted the district in early June 2006 to notify them of the upcoming placement and asked the district to provide Student with a non-public school placement similar to what she had at Devereux. The district refused, arguing that because Student's parents lived in Santa Barbara, Student was legally a resident of SBHSD — not Kern High School District — and therefore Kern had no obligation to provide her with any special education services. The district filed for a due process hearing seeking an official order confirming it had no responsibility for Student.

What the District Did Wrong

The district argued that general California school residency laws (Education Code sections 48200 and 48204) controlled this situation. Under those laws, a student's residency is typically tied to where her parents live. Since Student's parents lived in Santa Barbara, the district claimed she was SBHSD's responsibility.

The ALJ disagreed. California Education Code section 56156.4 is a more specific law that applies directly to students with developmental disabilities who are placed in licensed children's institutions by regional centers. That law clearly states that the Special Education Local Plan Area (SELPA) where the LCI is physically located is responsible for educating the student — regardless of where the parents live. Because Kern High School District is its own SELPA, and because SAILS (the LCI where Student resided) is located within the district, the responsibility fell squarely on Kern.

Under well-established legal principles, a more specific law takes precedence over a more general one when both cover the same situation. The district's attempt to apply the general residency statutes instead of the LCI-specific statute was legally incorrect. The ALJ also rejected the district's argument that section 56156.4 was a "funding statute" with no bearing on residency, finding the plain language of the statute clear and unambiguous.

What Was Ordered

The district was ordered to immediately provide Student with special education services.

Why This Matters for Parents

If your child is placed in a group home or licensed children's institution by a regional center, the district where that facility is located — not where you live — is responsible for your child's special education. California Education Code section 56156.4 protects children in this situation. The district where the facility sits must provide a free appropriate public education, even if your home address is in a completely different school district.
A district cannot escape responsibility by pointing to general residency rules when a more specific law applies. California law is clear that specific statutes override general ones. If your child's situation is covered by a specialized law (like the one governing regional center placements in LCIs), a district cannot sidestep that law by citing a more general rule about where parents live.
Contact the new district as early as possible when a residential placement changes. In this case, Mother reached out in early June — before the July move — which helped establish a clear record of the district being notified. Early communication creates a paper trail and puts the district on notice of its obligations.
Districts that are the sole district within a SELPA cannot pass responsibility to another SELPA. Because Kern High School District was its own SELPA, there was no other local agency to share or transfer the obligation. Parents should understand that SELPA boundaries matter when determining who is accountable for services after a residential placement.

What Happened

What the District Did Wrong

What Was Ordered

The district was ordered to immediately provide Student with special education services.

Why This Matters for Parents

If your child is placed in a group home or licensed children's institution by a regional center, the district where that facility is located — not where you live — is responsible for your child's special education. California Education Code section 56156.4 protects children in this situation. The district where the facility sits must provide a free appropriate public education, even if your home address is in a completely different school district.
A district cannot escape responsibility by pointing to general residency rules when a more specific law applies. California law is clear that specific statutes override general ones. If your child's situation is covered by a specialized law (like the one governing regional center placements in LCIs), a district cannot sidestep that law by citing a more general rule about where parents live.
Contact the new district as early as possible when a residential placement changes. In this case, Mother reached out in early June — before the July move — which helped establish a clear record of the district being notified. Early communication creates a paper trail and puts the district on notice of its obligations.
Districts that are the sole district within a SELPA cannot pass responsibility to another SELPA. Because Kern High School District was its own SELPA, there was no other local agency to share or transfer the obligation. Parents should understand that SELPA boundaries matter when determining who is accountable for services after a residential placement.