Hemet USD Held Responsible for Student in Colorado RTC After Juvenile Court Placement Ended

What Happened

Student is a 15-year-old ninth grader who is eligible for special education as a student with emotional disturbance. She was a dependent of the Orange County Juvenile Court and had been placed at Orangewood Children's Home — Orange County's emergency shelter for abused and neglected children — starting in February 2006. While Student's parents retained legal custody, a court-appointed Responsible Adult (RA) held educational decision-making rights on her behalf. During her time at Orangewood, the Orange County Office of Education (OCOE) was responsible for her education, which was undisputed by all parties.

In the summer of 2006, Student's IEP team — with input from Orange County Mental Health — determined that Student needed placement in a residential treatment center (RTC). No appropriate in-state RTC could be found, so Student was placed at Excelsior Academy in Aurora, Colorado in August 2006. After she left Orangewood, no public agency accepted responsibility for her education or the costs of her RTC placement. Student's attorney filed for due process to determine which of three agencies — Hemet Unified School District, Orange Unified School District, or OCOE — was legally required to provide and fund her FAPE.

What the District Did Wrong

Hemet Unified School District argued that because Student's parents had lost their educational decision-making rights, they were no longer "parents" under the Education Code, and therefore Hemet had no responsibility based on their residence. The ALJ rejected this argument. Under California Education Code section 56028, "parent" is defined to include any person with legal custody — and Student's parents had never lost legal custody, only educational decision-making authority. The two concepts are legally distinct, and Hemet's attempt to blur them failed.

Hemet also argued that OCOE should continue funding the Excelsior placement because OCOE had arranged it. The ALJ rejected this as well, finding that OCOE was simply fulfilling its legal obligation to provide a FAPE during Student's temporary stay at Orangewood — including helping find an appropriate post-shelter placement. OCOE should not be penalized for doing its job. Moreover, Hemet had been repeatedly invited to participate in IEP team meetings and was kept informed throughout the process. Hemet chose not to participate because it incorrectly believed it had no responsibility. That refusal did not eliminate Hemet's legal duty.

None of the statutory exceptions that could have shifted responsibility away from Hemet applied: Student was not placed in a licensed children's institution when she left Orangewood, there was no interdistrict transfer agreement, she was not emancipated, she did not live with a caregiving adult in another district, and she was not placed in another juvenile court school.

What Was Ordered

1. Hemet Unified School District is responsible for Student's FAPE from the time she left Orangewood Children's Home in August 2006 through the date of the decision.
2. Student prevailed on the sole issue presented: which LEA was responsible for her FAPE after leaving Orangewood.

Why This Matters for Parents

1. Where your parent lives determines which school district is responsible — even if you've lost educational decision-making rights. The law looks at legal custody, not who gets to sign IEP paperwork. If a court has removed only your right to make educational decisions (but not legal custody), your home address still determines which district owes your child a FAPE.

2. A district cannot escape responsibility by refusing to show up to IEP meetings. Hemet was repeatedly notified and invited to participate. Its decision to stay away — based on a legal theory that turned out to be wrong — did not erase its obligation. Ignoring the process is not a defense.

3. When a student leaves a juvenile court placement, responsibility shifts immediately to the parent's home district. There is no gap period where no agency is responsible. If your child is transitioning out of a shelter, group home, or juvenile court school, the district where you live should be involved in IEP planning before the transition happens.

4. The agency that arranged a placement is not automatically the one responsible for paying for it long-term. OCOE helped place Student at Excelsior to prevent her from languishing without services — but that act did not make OCOE permanently responsible. Parents should understand that the agency providing temporary services may not be the same one obligated to fund permanent placement.