M. M. v. Lafayette School District

facts are taken from MM’s Request to Schedule a Due Process Hearing, the partial dismissal of which spawned this lawsuit. 6350 M. M. v. LAFAYETTE SCHOOL DISTRICT mitted a written request to the district to evaluate CM for learning disabilities on October 26, 2006, early in CM’s first grade year. Lafayette did not provide an assessment plan for CM until February 20, 2007.

Lafayette conducted CM’s initial evaluation in March and April, 2007. District Staff and MM held the first meeting of CM’s individual education plan (“IEP”) team on April 18, 2007, to discuss the results of CM’s educational assessment. The IEP team determined CM was eligible for special educa- tion and related services and developed a program based on the assessment results. MM now complains that the initial evaluation was flawed because, among other things, the eval- uation was conducted by individuals unqualified to select the appropriate tests or administer them. However, MM does not allege that he voiced any of these concerns at the time of the April 18, 2007 meeting, or at any time thereafter until he filed his due process complaint on April 16, 2009.

During the year after the initial evaluation,…