DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
063572P.pdf 01/04/2008 M.M. v. Special School Dist.
U.S. Court of Appeals Case No: 06-3572
U.S. District Court for the District of Minnesota - Minneapolis
[PUBLISHED] [Loken, Author, with Beam and Riley, Circuit Judges]
Civil case - Individuals with Disabilities Education Act. ALJ and
district court applied the wrong legal standard in determining whether
MM was denied a FAPE (Free Appropriate Public Education) for the
2003-2004 school year and the award of compensatory special education
benefits and attorneys' fees for the 2003-2004 school year is reversed;
school district had the authority to impose suspensions of less than 10
days while MM was in her current placement under the stay put-
requirements of 20 U.S.C. Sec. 1415(j); school district met its obligation
to continue to provide MM with educational services during her
suspension by offering either an appropriate change-of-placement setting
or home schooling services; award of special education benefits and
attorneys' fees for the 2004-2005 school year is reversed.