California Court of Appeal
Grossmont Union High School Dist. v. California Dep't of Educ., C056138
In a claim against defendant-California Department of Education seeking declaration that plaintiff-high school should not have to pay for mental health services for special education students because of a reduction in state funding for such services, judgment in favor of defendant-department of education is affirmed where: 1) plaintiff-high school was not an intended beneficiary of the federal-state special education funding laws; 2) the requirement that plaintiff-high school provide services to special education students did not deprive regular students of equal protection, although regular education programs would be cut; 3) plaintiff's complaint failed to state a cause of action; and 4) because plaintiff-high school did not suggest how the complaint might be amended, leave to amend was properly denied.
Appellate Information
- Decided 12/29/2008
- Published 12/29/2008
Judges
- MORRISON, J.
Court
- California Court of Appeal
Counsel
- For Appellant:
- Stutz Artiano Shinoff & Holtz, A.P.C., Daniel R. Shinoff, Jack M. Sleeth, Jr., and Paul V. Carelli, IV, San Diego, for Plaintiff and Appellant.
- For Appellees:
- Edmund G. Brown, Jr., Attorney General, Douglas M. Press, Senior Assistant Attorney General, Julie Weng-Gutierrez and Pauline Gee, Deputy Attorneys General, for Defendant and Respondent.