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Lessard v. Wilton-Lyndeborough Cooperative School Dist.

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Before Lynch, Chief Judge, Boudin, Circuit Judge, and Saylor, *fn1 District Judge.

Stephanie Lessard, a New Hampshire resident with multiple disabilities, is entitled to receive a free appropriate public education under the Individuals with Disabilities Education Act (“IDEA”), 20 U.S.C. §§ 1400, 1412(a)(1), (5), et seq. (2004).*fn2 She is speech-language impaired, mentally retarded, and orthopedically impaired according to New Hampshire special education regulations. She has received special education services since the age of three and had reached the age of nineteen at the time of the dispute that resulted in this appeal.

In 2001, Stephanie began attending the Crotched Mountain Rehabilitation Center (“CMRC”), a New Hampshire facility providing special education services to the Wilton-Lyndeborough Cooperative School District. Although CMRC includes residential facilities, Stephanie attended as a day student and commuted by bus. Her parents came to disfavor Stephanie’s placement, believing that she had failed to display adequate academic development and that her placement at CMRC was the cause of extreme and aggressive behavioral problems that she exhibited while at CMRC and while traveling there.

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