California Appellate Districts  December 29  2008 Grossmont Union High School Dist v California Dep’t of Educ  No 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