M.M. v. LAFAYETTE SCHOOL DIST.

No. 10-16903.

681 F.3d 1082 (2012)

M.M.; E.M., individually and on behalf of the minor son, C.M., Plaintiffs-Appellants, v. LAFAYETTE SCHOOL DISTRICT, a local educational agency; Lafayette Board of Education; California Department of Education (CDE); Jack O'Connell, as State Superintendent of Public Instruction for the State of California; California Department of General Services (DGS), operating as the California Office of Administrative Hearings (OAH); Will Bush, as State Director of the California Department of General Services, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed June 6, 2012.


Attorney(s) appearing for the Case

Lina Foltz , Attorney-at-Law, Oakland, CA, for the plaintiffs-appellants.

Lafayette School District and Lafayette Board of Education: Amy R. Levine (argued), Deborah Ungar Ettinger , Dannis Wolver Kelley , San Francisco, CA, for the defendants-appellees.

California Department of Education and Jack O'Connell: Amy Bisson Holloway , Edmundo Aguilar (argued), Sacramento, CA, for the defendants-appellees.

Before: ARTHUR L. ALARCÓN, CONSUELO M. CALLAHAN, and N. RANDY SMITH, Circuit Judges.


OPINION

CALLAHAN, Circuit Judge.

This case began as a dispute over the results of CM's special education evaluation under the Individuals with Disabilities Education Act, 20 U.S.C. § 1400 et seq. ("IDEA"), but now has a convoluted procedural history, including three separate district court lawsuits and two administrative complaints. Many of these issues are outside of the narrow scope of this appeal, however, and will not be addressed in this...

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