Probation Department Denied Student FAPE by Blocking Education During Security Lockdowns

A student with emotional disturbance incarcerated at Contra Costa County Juvenile Hall was denied special education services on 20 days when the Probation Department prevented the county school's instructional aides from entering her housing unit during security lockdowns. The ALJ found that Probation, as a responsible public agency, had an obligation to ensure Student received her IEP services even while on disciplinary restriction — and could not use staffing shortages as an excuse. Probation was ordered to fund 20 hours of compensatory academic tutoring and to begin keeping accurate records of any future exclusions from educational services.

What Happened

Student was a 14-year-old girl eligible for special education under the category of emotional disturbance, who spent over a year incarcerated at Contra Costa County Juvenile Hall. The Contra Costa County Office of Education (County) operated a school inside the facility called Mt. McKinley, and County instructional aides were supposed to visit students in their housing units when those students were placed on disciplinary security restrictions and could not attend class in person. Student's IEP called for 45 minutes per day of specialized academic instruction, and later included counseling services as well.

The problem arose when Probation placed Student on one of three levels of security restriction — Special Program, Security Risk, or Maximum Security — and sometimes refused to allow County aides into the housing unit to provide tutoring. Student's educational rights holder filed a due process complaint arguing that Probation was a "responsible public agency" under special education law and had illegally blocked Student from receiving her IEP services. A prior OAH hearing had already determined that Probation was indeed a responsible public agency during those periods when it prevented County from serving Student.

What the ALJ Found

The ALJ found that Probation violated Student's right to a free appropriate public education (FAPE) on 20 specific days when it refused to allow County instructional aides to enter the housing unit to provide the specialized academic instruction required by Student's IEP. County kept detailed work logs documenting each day Student could not attend Mt. McKinley, and those logs identified 20 days for which Probation — not Student's refusal, not a court appearance, not County's own choice — was the reason no services were delivered. The ALJ found that Student did not pose a safety or security threat so serious that tutoring was impossible, especially because expert testimony established that other juvenile facilities routinely find ways to educate students even on maximum security status, for example by using separate classrooms with additional correctional staffing or better coordination with school staff. Probation also admitted its director was not even aware of the memorandum of understanding with County that required it to cooperate in delivering education services.

However, the ALJ sided with Probation on most of the other claims. Probation did not prevent County from providing counseling services — the school psychologist was able to access Student on any security level and rescheduled visits when needed. Probation also did not prevent County from conducting assessments or developing IEPs; the longest consecutive stretch when Probation blocked access was eight days, and County could have spoken directly to Probation staff to gather the information it needed. The failure to develop better IEPs or conduct a functional behavior assessment was County's responsibility, not Probation's.

What Was Ordered

Compensatory education: Probation must fund and ensure delivery of 20 hours of individual academic tutoring by a credentialed special education teacher or a certified non-public agency of Student's choice, to be completed by June 30, 2014.
Record-keeping requirement: Probation must keep accurate records of any time it cannot safely provide educational services to a ward on security restriction, including the specific reasons for blocking County access, and must comply with legal requirements governing exclusions that exceed ten school days in a year.

Why This Matters for Parents

Probation departments are not exempt from special education law. If your child is incarcerated in a juvenile hall and placed on a disciplinary security restriction, the facility cannot simply ignore their IEP. This case established that a probation department can be held legally responsible as a "public agency" when it physically prevents school staff from reaching your child.
"We didn't have enough staff" is not an automatic excuse. Probation argued it lacked the resources to safely supervise tutoring sessions during lockdowns. The ALJ rejected this, pointing to expert evidence that other facilities find solutions — like dedicated classrooms or extra staffing — and that Probation could have done the same with better coordination.
Document everything, because work logs matter. The 20-day finding in this case was proven largely through County's own detailed tutoring logs, which recorded each day a student missed services and exactly why. If your child is in a facility, request copies of any logs or records showing when services were and were not delivered — this documentation can be critical evidence.
Even when one agency fails, it may not be the agency you sued. Many of Student's strongest claims — about inadequate IEPs, missing counseling, and no functional behavior assessment — were denied because those failures belonged to the County school, not Probation. When your child is served by multiple agencies, you may need to bring claims against more than one party, and the settlement with County here shows that both agencies can have separate liability.

What Happened

What the ALJ Found

What Was Ordered

Compensatory education: Probation must fund and ensure delivery of 20 hours of individual academic tutoring by a credentialed special education teacher or a certified non-public agency of Student's choice, to be completed by June 30, 2014.
Record-keeping requirement: Probation must keep accurate records of any time it cannot safely provide educational services to a ward on security restriction, including the specific reasons for blocking County access, and must comply with legal requirements governing exclusions that exceed ten school days in a year.

Why This Matters for Parents

Probation departments are not exempt from special education law. If your child is incarcerated in a juvenile hall and placed on a disciplinary security restriction, the facility cannot simply ignore their IEP. This case established that a probation department can be held legally responsible as a "public agency" when it physically prevents school staff from reaching your child.
"We didn't have enough staff" is not an automatic excuse. Probation argued it lacked the resources to safely supervise tutoring sessions during lockdowns. The ALJ rejected this, pointing to expert evidence that other facilities find solutions — like dedicated classrooms or extra staffing — and that Probation could have done the same with better coordination.
Document everything, because work logs matter. The 20-day finding in this case was proven largely through County's own detailed tutoring logs, which recorded each day a student missed services and exactly why. If your child is in a facility, request copies of any logs or records showing when services were and were not delivered — this documentation can be critical evidence.
Even when one agency fails, it may not be the agency you sued. Many of Student's strongest claims — about inadequate IEPs, missing counseling, and no functional behavior assessment — were denied because those failures belonged to the County school, not Probation. When your child is served by multiple agencies, you may need to bring claims against more than one party, and the settlement with County here shows that both agencies can have separate liability.