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M.M. v. LAFAYETTE SCHOOL DIST.

Nos. 12-15769, 12-15770.

767 F.3d 842 (2014)

M.M.; E.M., individually and on behalf of their minor son C.M., Plaintiffs-Appellants, v. LAFAYETTE SCHOOL DISTRICT, a local educational agency; Lafayette Board of Education, Defendants-Appellees. M.M.; E.M., individually and on behalf of their minor son C.M., Plaintiffs-Appellants, v. Lafayette School District; Lafayette Board of Education; State of California Department of Education; Jack O'Connell, as State Superintendent of Public Instruction for the State of California; Dana Sassone; California Department of General Services; Will Bush, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed September 16, 2014.

Amended October 1, 2014.

Attorney(s) appearing for the Case

Lina Foltz , Oakland, CA, for Plaintiffs-Appellants.

Amy R. Levine (argued), Dannis Woliver Kelley , San Francisco, CA; Katherine A. Alberts , Stubbs & Leone, Walnut Creek, CA, for Defendants-Appellees Lafayette School District and Lafayette Board of Education.

Amy Bisson Holloway , General Counsel, Edmundo Aguilar , Assistant General Counsel, and Leonard Garfinkel (argued), Deputy General Counsel, California Department of Education, Sacramento, CA, for Defendants-Appellees California Department of Education and Jack O'Connell.

Before: SIDNEY R. THOMAS and JOHNNIE B. RAWLINSON, Circuit Judges, and KEVIN THOMAS DUFFY, Senior District Judge.

OPINION

THOMAS, Circuit Judge:

In this appeal we consider, among other matters, whether a school district's failure to provide educational testing data to parents violated the procedural requirements of the Individuals with Disabilities Education Act, 20 U.S.C. §§ 1400-1487 ("IDEA" or "Act"). We conclude that it did. We also conclude that the failure to provide the data prevented the parents from meaningfully participating in the creation of his...

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