SECOND COURT DECLARES AB 3632 MANDATE SUSPENDED

March 2011
Number 6

A new decision was issued on March 28, 2011, in County of Sacramento v. State of California (March 28, 2011, Sacramento County Superior Court Case No. 34-2010-00090983) (“County of Sacramento”), one of the three lawsuits that was filed as a result of Governor Schwarzenegger’s October 8, 2010 veto of funding for mental health services provided to special education students pursuant to the AB 3632 mandate. This is the second case to hold that the AB 3632 mandate was suspended as a result of the funding veto. The first was issued by the California court of appeal in California School Boards Association v. Edmund G. Brown, Jr., (February 25, 2011) ___ Cal.App.4th ___ (“CSBA”). Please refer to our March 2011 Alert No. 4 regarding the appellate court’s ruling in CSBA.

In the instant case, several counties filed suit in superior court seeking a declaration that the AB 3632 mandate is suspended. In February 2011, the superior court issued an order which suspended the mandate in part, relieving counties of the obligation to pay for 24-hour room and board costs. The defendants, including various school districts, requested that the superior court reconsider this ruling and were granted the opportunity to further brief the issue of room and board funding. While reconsideration was pending, the court of appeal issued its decision in CSBA.

In light of the court of appeal’s decision in CSBA, the superior court in County of Sacramento reversed its earlier order regarding room and board costs and declared the entire AB 3632 mandate suspended for the 2010-2011 fiscal year.

If you have any questions about mandates or AB 3632 generally, please do not hesitate to contact one of our eight offices located statewide or consult our website.

Written By:
Mary Kellogg
Associate & Special Education Practice Group Co-Chair
Los Angeles Office
mkellogg@lozanosmith.com

Arthur A. Lipscomb
Associate
Fresno Office
alipscomb@lozanosmith.com

© 2011 Lozano Smith

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