M.L., a Minor C.D. And S.L., His Parents v. Federal Way School District Washington Superintendent of Public Instruction

ALARCÓN, Senior Circuit Judge.

M.L. and C.D., his mother, and S.L., his father, appeal from the order granting the motion for summary judgment filed by Appellees, Federal Way School District and the Washington Superintendent of Public Instruction. We affirm because we conclude that Appellants have failed to demonstrate that M.L. was denied a free appropriate public education (“FAPE”).

I

Unless otherwise indicated, the facts are undisputed. M.L. was born on November 13, 1994. He suffers from autism, mental retardation and macrocephaly. 1 As of February 2001, he was globally delayed across all…