C.D. BY AND THROUGH M.D. v. NATICK PUBLIC SCH.

No. 18-1794.

924 F.3d 621 (2019)

C.D., BY AND THROUGH her Parents and Next Friends, M.D. and P.D.; M.D.; P.D., Plaintiffs, Appellants, v. NATICK PUBLIC SCHOOL DISTRICT; Bureau of Special Education Appeals, Defendants, Appellees.

United States Court of Appeals, First Circuit.

May 22, 2019.


Attorney(s) appearing for the Case

Benjamin J. Wish , with whom Todd & Weld, LLP, Laurie R. Martucci , and Martucci Law Associates were on brief, for appellants.

Selene Almazan-Altobelli and Ellen Saideman on brief for Council of Parent Attorneys and Advocates, Inc., amicus curiae.

Ira A. Burnim , Lewis Bossing , Elizabeth B. McCallum , Paul E. Poirot , William T. DeVinney , and Baker Hostetler, LLP on brief for the Judge David L. Bazelon Center for Mental Health Law, Association of University Centers on Disabilities, Disability Law Center, National Center for Learning Disabilities, National Center for Youth Law, National Disability Rights Network, and National Down Syndrome Congress, amici curiae.

Felicia S. Vasudevan , with whom Murphy, Hesse, Toomey & Lehane, LLP was on brief, for Natick Public School District.

Anna Rachel Dray-Siegel , Assistant Attorney General, with whom Maura Healey , Attorney General of Massachusetts, was on brief, for Bureau of Special Education Appeals.

Michael J. Long and Long & DiPietro, LLP on brief for the Massachusetts Association of School Superintendents, amicus curiae.

Francisco M. Negrón, Jr. , Cristine M.D. Goldman , Colleen Shea , Colby Brunt , and Stoneman, Chandler & Miller, LLP on brief for National School Boards Association and Massachusetts Association of School Committees, amici curiae.

Before Torruella, Lynch, and Kayatta, Circuit Judges.


The Individuals with Disabilities Education Act (IDEA) requires that students with certain disabilities be provided a "[f]ree appropriate public education" (FAPE) in the "[l]east restrictive environment" (LRE) appropriate for each student. 20 U.S.C. § 1412(a)(1), (5). Under the IDEA and Massachusetts law, the individualized...

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