Full opinion text
MEMORANDUM OF DECISION KRAVITZ, District Judge. Plaintiffs A.S. and W.S. are minor children living in Trumbull, Connecticut. They bring this lawsuit individually and through their parents and next friends, Mr. and Mrs. W.S., who are referred to collectively as the “Parents.” A.S. and W.S. allege that Defendant Trumbull Board of Education (“the Board”) denied each of them a free and appropriate public education by refusing to fund the cost of placing the children in a private school for the 2003-2004 school year. Plaintiffs also claim that the Board has breached the terms of a 2002 settlement agreement. Plaintiffs have sought to supplement the record with the children’s educational and medical records for the 2004-2005 school year [doc. # 45], and also have moved for judgment on three counts of their complaint [doc. # 49] and for summary judgment on the other two counts [doc. # 52]. The Board has moved for judgment on the administrative record on the first four counts and for summary judgment with respect to the breach-of-contract claim [doc. # 65], For the reasons that follow, Plaintiffs’ motions [docs. ##45, 49, & 52] are DENIED, and the Board’s motion [doc. # 65] is GRANTED. I. The Court will address the facts relating to A.S. and W.S. separately. For clarity’s sake, the following factual summary cites primarily to the administrative Hearing Officer’s decisions, which in turn cite to documents from the administrative record. The Court’s citation convention should not be taken as an indication that the Court has ignored the exhibits Plaintiffs have filed in support of their summary judgment motion or the underlying administrative record. See Index to Exhibits in Support of Plaintiffs’ Motion for Summary Judgment [doc. # 55] (attached exhibits); Plaintiffs [sic] Notice of Filing Administrative Record of Due Process Hearing [doc. # 57] (attached documents). To the contrary, the Court has thoroughly reviewed and considered the administrative record and the parties’ exhibits. A. A.S. A.S. was born in April 1992. Complaint [doc. # 1] App. A at 4 [hereinafter “A.S. Decision”]. Educational evaluations performed on A.S. in September and October 1999 showed average or slightly below-average performance. Id. at 4-5. At a Planning and Placement Team (“PPT”) meeting in November 1999, A.S. was deemed ineligible for special education, but the PPT decided to continue to monitor her progress. Id. at 5. Testing performed in October 2000 indicated below-average performance, and in a PPT meeting held in November 2000, A.S. was identified as having a learning disability. Id. The PPT also noted that A.S. suffered from seasonal allergies and periodic asthma. Id. at 6. The Individualized Education Program (“IEP”) adopted for A.S. at the PPT meeting detailed A.S.’s strengths and weaknesses, outlined educational goals, and prescribed steps to further her progress. In January and June 2001, additional PPT meetings occurred during which A.S.’s IEP was further reviewed and modified. Id. at 7. A.S. has a history of allergies and asthma. Tashua Elementary School, which A.S. was then attending, first received notice of her allergies in March 1998. A.S.’s Individualized Health Care Plan noted her medical history and provided for the administration of emergency medication when necessary. However, health assessment forms provided by the Parents to Tashua Elementary School in March 1997 and April 2000 indicated no concerns about allergies, and neither allergies nor asthma was mentioned in physician medical evaluations given to the school in April 1997 and April 2000. A.S.’s parents provided medications to the school for use in emergency situations, but those medications remained unused through the end of the 1999-2000 school year. Id. In consultation with her Pediatric Allergist, Dr. John Santilli, A.S. began receiving allergy injections and other medications beginning in the spring of 2001 to control her allergic symptoms. These medications may have affected her academic performance. Id. at 8. A.S.’s Parents raised with school administrators concerns about the indoor air quality of Tashua Elementary School, and in March 2001 the Board hired AMC Technologies (“AMC”) to test the school for allergens. AMC inspected several areas of the school building, conducting air and carpet dust sampling. In April, AMC submitted a written report to the Board recommending that the Board repair any roof leaks, clean or remove the carpet, clean or replace all air filters, improve air circulation, and further investigate the gym area. The report also identified several types of fungal spores that AMC had found. AMC conducted follow-up sampling in May 2001, focusing on certain mold species, and submitted a written report in June that recommended remediation measures for the school, such as replacing air handling unit filters, keeping the area around the units clean, and regularly cleaning air ducts. Id. Dr. Santilli, AS.’s allergist, sent Tashua Elementary School seven letters during the 2001-2002 school year maintaining that the school’s facilities were causing A.S. to suffer from allergic reactions. The letters recommended that A.S. be given home-bound instruction. Based upon Dr. Santilli’s advice, the Parents removed A.S. from school in September 2001 and home schooled her for most of the 2001-2002 school year. Id. On September 19, 2001, A.S.’s father filed a complaint with the United States Department of Education’s Office of Civil Rights, alleging that A.S. had been discriminated against because of her allergic sensitivities. A.S. Ex. B-38. The complaint asserted that Tashua Elementary School had refused to test environmental air quality or to follow through on necessary remediation measures. The complaint also alleged that A.S. was denied access to a suitable physical education program, and to a computer lab and library that were safe for her to use. Id. At a meeting held in October, 2001, the PPT developed a program for A.S.’s home study according to which A.S.’s special education and classroom teachers were to consult with A.S.’s tutor and to monitor her progress. A.S. Decision at 9. Another PPT meeting was held in November to discuss A.S.’s mother’s belief that A.S. needed more tutoring time. However, a resource teacher who had been involved in A.S.’s educational evaluations and curriculum development conducted a curriculum-based assessment and concluded that A.S. did not need additional tutoring time. Id. While the Parents expressed a preference for use of the Lindamood-Bell reading program in A.S.’s education, “the Resource Teacher stated that she wouldn’t want to be tied into one program and prevented from using other strategies.” Id. At the PPT meeting in October, A.S.’s progress was deemed satisfactory, and the PPT made some further modifications to her educational program and educational goals. Id. at 10. In consultation with the Office of Civil Rights, the Board hired an Industrial Hygienist, Gilbert Cormier, to inspect and make recommendations regarding the Tashua Elementary School. After inspecting the school building and testing indoor air quality, Mr. Cormier recommended several measures to reduce the levels of allergens at the school. Mr. Cormier stressed that no federal or state standards for allergens in schools existed and that allergen exposure could be minimized but not totally eliminated. Id. The Board sent a copy of Mr. Cormier’s extensive report to the Parents and held a public meeting for parents of all students enrolled in the school (which the Parents attended) to discuss Mr. Cormier’s findings and the school’s remediation efforts. Id. at 11-12. In November and December, 2001, the Board began to implement the remediation steps suggested by Mr. Cormier. Among other measures, the Board destroyed old gym mats, removed dirty insulation, ripped up carpets, and removed a portion of a wall identified as problematic by Mr. Cormier. A.S. Ex. B-58 at 4-7. The Board also agreed to allow Dr. Santilli to conduct on-site testing at Tashua Elementary School. Id. at 5. Based on the Board’s willingness to permit this testing, as well as the Board’s remediation efforts and promise to implement all of Mr. Cormier’s recommendations, the Office of Civil Rights deemed the Parents’ complaint to be concluded, though the Office promised to “monitor implementation of the [School] District’s commitments.” Id. at 7. In January 2002, another PPT meeting was held to discuss A.S.’s return to Tashua Elementary School. As a result, the PPT proposed that A.S. return to school for partial days, to which the Parents agreed. Dr. Santilli recommended that A.S. limit herself to areas of the school that had been found to have acceptably low mold-spore levels. A.S. Decision at 10. Test results reported by Dr. Santilli described A.S. as showing moderate allergic reactions to molds. The Parents tested air samples at Tashua Elementary School with equipment provided by their children’s allergist and found that two special education rooms, which had air purifiers, showed fewer than 1,000 spores per cubic meter. However, several other areas of the school had significantly higher mold counts according to the Parents’ testing. Id. at 11. In early February, the Parents arranged for A.S. to be evaluated by an educational consultant, Shelley Lacey-Castelot. Ms. Lacey-Castelot diagnosed A.S.’s educational needs and provided goals and recommendations. Several of Ms. Laeey-Castelot’s recommendations matched those in AS.’s IEP; several additional recommendations related to A.S.’s language skills, including a need for assistive technology to help with reading and writing, as well as software recommendations. Id. at 12. A.S. returned to Tashua Elementary School for partial days in February and March 2002, confining herself to limited areas in the school building that had been remediated. Id. at 8. Dr. Santilli wrote on February 19 that A.S. was doing well and could remain at school for thirty days, provided she stayed in the areas that had been shown to have low mold-spore counts. At a PPT meeting on February 25, the Parents and teachers agreed that A.S. was doing well. Id. at 12. Nevertheless, A.S.’s allergic symptoms resumed less than two weeks after she was back at Tashua Elementary School. Id. at 8. On March 4, Dr. Santilli examined A.S. and discovered that her symptoms had returned. Dr. Santilli’s test results, along with A.S.’s allergic history, caused him to recommend that A.S. again be removed from school. Id. at 13. As a consequence, A.S. resumed homebound instruction. The Parents reported that while receiving homebound instruction, A.S. needed less medication and generally “felt better.” Id. at 10. At a March 13 2002, PPT meeting, the PPT asked for a psychiatric evaluation of A.S. and for a second medical opinion about her allergies. PPT members also questioned the content and conclusions of Ms. Lacey-Castelot’s evaluation and raised concerns about the fact that Ms. LaceyCastelot sells the software she recommends. The PPT recommended further educational testing for A.S. It also suggested that placing A.S. in another school within her school district would accommodate A.S.’s allergy issues. However, the Parents requested homebound instruction for A.S., and also asked that any placement of A.S. in another school not take place until the school had been tested for allergens. Id. at 13. The PPT reconvened on March 15, during which it reviewed A.S.’s educational goals. A.S. was reported to be making progress on all her objectives, though completing assignments within allotted times had proven to be a recurring issue. The PPT refused to accept the Parent’s request for homebound instruction or to conduct allergen testing before A.S. enrolled in a different school. However, the PPT did propose that A.S. receive the following options: (1) partial-day instruction in those rooms shown to have relatively few allergens; (2) full-day instruction in those rooms, or (3) full-day instruction with access to the whole building. The PPT again requested a second medical opinion about AS.’s allergies. A.S. did not receive educational services for several weeks. Id. The Board’s Reading Consultant, who had participated in several of A.S.’s PPT meetings, provided reading services to A.S. and consulted with other staff members about her reading needs. Following periodic evaluations, the Reading Consultant reported that while A.S. struggled with reading, she generally tested within the average range. Id. at 14. The Board also had an Occupational Therapist evaluate A.S. The Occupational Therapist reported that A.S. scored within the average range on a variety of fine motor tests, but below average on a timed test of upper limb speed and dexterity. A.S. Ex. B-71. The Occupational Therapist recommended steps to improve her fine motor, visual motor, and sensory processing skills. Id. at 5. On six occasions during the fall of 2002, the Occupational Therapist provided additional occupational therapy services to A.S. A.S. Decision at 14. The Parents arranged for another pediatric allergist to evaluate A.S. in March 2002. The allergist did not conduct skin testing, and his conclusions were based on a medical history and on records provided by the Parents. On March 26, the allergist recommended that A.S. not return to Tashua Elementary School until a full mold remediation had been completed. Id. The Board then requested an independent medical evaluation, to which A.S.’s Parents agreed. The evaluator, Dr. Thomas Danyliw, was Medical Director of Occupational Medicine at Middlesex Hospital. Dr. Danyliw is board certified in occupational and environmental medicine, a specialty that concerns itself with the work environment and with medical issues as they relate to the environment of workers and others. Id. at 15. Dr. Danyliw has experience with the health issues that arise from exposure to mold and bacteria in buildings. 12/16/03 Hearing Tr. at 8-10 (testimony of Dr. Danyliw). Dr. Danyliw based his report on a history taken from A.S.’s Parents and on the records provided by Dr. Santilli. Dated May 18, Dr. Danyliw’s report states that he had insufficient data to conclude that A.S. suffered from mold allergies. He did note that A.S.’s physical appearance and the history the Parents had provided were consistent with their belief that A.S.’s presence in Tashua Elementary School contributed to her allergy symptoms. A.S. Decision at 15. Dr. Danyliw’s report noted that “[n]o one can accurately answer the question as to what quantity of a substance will trigger an allergic or irritant reaction in any given subject____ Based on the testing that has been done at [Tashua Elementary School], it is my opinion that molds exist in a sufficient quantity to produce mycotoxins that in a sensitive individual could result in a reaction that appears to be allergic or irritant.” Id. However, he also added, that he was “unaware of any credible evidence or opinion that would indicate exposures to molds that are in Tashua Elementary would result in learning difficulties or concentration problems.” A.S. Ex. B-77 at 4. Dr. Danyliw observed that he had no recommendations for remediation beyond those suggested by AMC and Mr. Cormier. Dr. Danyliw concluded his report by noting that “it would be ill advised to allow [A.S.] back into [Tashua Elementary] until remediation is complete and spore counts have dropped on average below 1,000 spores per cubic meter,” A.S. Decision at 16, though he emphasized that he was unaware that any “agreement on an objective measure of ‘safe’ levels of mold” existed, id. at 17. Dr. Danyliw also noted that there was “no legitimate reason” that A.S. could not attend a different public elementary school “as long as the mold counts are within acceptable levels.” Id. at 16. Finally, Dr. Danyliw questioned whether it was appropriate for a physician without formal training to conduct indoor air quality testing, and he recommended that air testing be performed by a certified industrial hygienist. Id. at 17. The PPT again convened on June 7 to review A.S.’s test results and to revise her IEP. Id. A.S.’s overall results were found to be within an average range, but she displayed weakness in certain language skills. Id. at 18. A.S.’s report card for the 2001-2002 school year showed grades almost exclusively in the A/B range. Id. at 13-14. The PPT revised A.S.’s IEP to provide for additional language training and offered an extended-year home-schooling program. The Parents again requested that Tashua Elementary School be retested before A.S. would enroll in it, but the PPT again refused. Id. at 18. The Board also hired a technology consultant who evaluated A.S. on June 12. The consultant recommended that A.S. be given access to a computer at school and at home, as well as three specific software programs — CoWriter 4000, IntelliTalk Two, and Inspiration. The consultant made an optional recommendation for a fourth program, Kurzweil 3000. The consultant noted that her philosophy was to provide technological support to students in a manner that would interfere as little as possible with the students’ ability to participate in regular classes. She recommended against voice-recognition software, which she believes isolates students. Id. at 18. In August, the PPT convened to review test results and air quality at Tashua Elementary School and to plan for A.S.’s 2002-2003 school year. Id. Tashua Elementary had undergone what the Board believed was substantial remediation, including the installation of air conditioners in many rooms and the removal of carpets. As a result, the Board believed that mold problems had been eliminated, and the PPT recommended that A.S. return to Tashua Elementary School. Id. at 18-19. The Parents noted concern about the air quality in the art room, and the PPT assured them that the art room would be tested and, if necessary, that air conditioning would also be installed in the art room. The PPT also agreed to provide A.S. with the three software programs recommended by the Board’s technology consultant, as well as books on tape, but refused to provide Kurzweil 3000 pending a discussion with the consultant about its “optional” nature. The PPT also rejected additional items that Ms. Lacey-Castelot had requested. Id. at 19. The IEP presented at the meeting by the PPT also included several hours per week of tutoring and speech and language therapy for A.S. The use of educational software would be worked into regular education classes, and accommodations would be made for A.S.’s test-preparation and test-taking needs. A.S. was also to be given preferential seating and modified grades. In addition to the remediation measures already conducted, the Board also agreed to perform air-quality testing at Tashua Elementary School when necessary. Id. Nevertheless, due to their continued concerns about the air quality at Tashua Elementary School, the Parents withdrew A.S. from the school and enrolled her for the 2002-2003 school year at Villa Maria, a private school approved for special education by the Connecticut State Department of Education. Id. at 18. The Parents said that they tested the indoor air quality at Villa Maria using equipment provided by Dr. Santilli but, despite requests from the Board, the Parents never provided the Board with any results from their testing at Villa Maria. Id. at 19. The Parents requested a due process hearing to discuss A.S.’s placement, and ultimately they reached an agreement with the Board on October 17 (the “settlement agreement”). The settlement agreement provided, among other things, that the Board would contribute $50,000 toward the tuition of both A.S. and W.S. (who had also been enrolled at Villa Maria); that the Board would pay $5,000 to the Parents for “miscellaneous educational expenses”; and that the Board would provide transportation to and from Villa Maria for both A.S. and W.S. Affidavit of Brenda McNeal [doc. # 69] Ex. 1 at 1-2. As is relevant to the present dispute, the settlement agreement also provided as follows: The BOARD shall be responsible for the cost, up to the aggregate amount of Five Thousand Dollars ($5,000.00) of any assistive technology required for the exclusive use of the STUDENTS while at the Private School (“the Assistive Technology Payment”), so long as the Private School renders an opinion in writing that such assistive technology is required in order to provide the STUDENTS with an appropriate education and the Private School does not have available such assistive technology or its functional equivalent. The Assistive Technology Payment shall be made directly to the Private School upon receipt of documentation in form and substance acceptable to the BOARD of both the need for and cost of such equipment and/or materials. Upon the earlier of the conclusion of the 2002-2003 school year or such time as either of the STUDENTS is no longer attending the Private School, the Private School shall return any and all assistive technology and materials purchased pursuant to this provision to the BOARD. Id. Ex. 1, at 2. In the settlement agreement, the Board denied that AS.’s educational needs necessitated out-of-district placement. Id. Ex. 1 at 1. A.S. attended Villa Maria for the 2002-2003 school year. Her attendance during the year was good, and her parents reported that she was “off all medications.” A.S. Decision at 18. A.S.’s doctor reported that during the year her health had improved. Plaintiffs [sic] Amended Statement of Material Facts Not in Dispute in Support of Plaintiffs’ Motion for Summary Judgment [doc. # 63] ¶ 45 [hereinafter “Pis.’ 56(a) Statement”]. On June 20, 2003, after the close of the school year, Villa Maria sent a letter to the Board stating that “[s]hortly after [A.S.’s and W.S.’s] admission it became apparent that, in order to provide them with an appropriate education, we would need to provide supportive assistive technology.” Affidavit of Brenda McNeal [doc. # 69] Ex. 3. The letter listed the software and hardware that had been purchased by Villa Maria, as well as the hours of training required, and explained that A.S. and W.S. had used the assistive technology “primarily at home.” Id. Villa Maria’s letter explained in general terms the need for the software programs the children had used and maintained that the programs were necessary to assure the achievement of their educational goals. The letter also stated that of the software programs used by the children, Villa Maria was then in possession of only one program. The letter requested reimbursement of $5,000 and included a copy of the invoices from a company named Innovative Solutions Group, LLC. The invoices listed a bill for $5,001.95 for the programs purchased and a bill for $6,750.00 in training costs. Id. On July 9, the Board wrote to Villa Maria denying its request for reimbursement. The Board’s letter expressed disappointment that Villa Maria had contacted the Board after the close of the 2002-2003 school year, rather than before the computer programs had been purchased. The letter also stressed that the assistive technology was intended to be used to provide an appropriate education at Villa Maria, whereas Villa Maria’s June 20 letter made clear that the technology was being used exclusively at the children’s home, demonstrating “that these computer programs were not necessary to enable the children to receive an appropriate education in the school setting.” Affidavit of Brenda McNeal [doc. # 69] Ex. 4. The Board’s letter also noted that the invoices submitted in the June 20 letter included substantial costs related to software and hardware training, whereas “[i]t was never part of any agreement that the Trumbull Board of Education be responsible for paying the cost of any ‘training,’ regardless of the location.” Id. Despite these observations, the Board expressed its willingness to consider reimbursing Villa Maria for the costs of the assistive technology purchases, provided that Villa Maria return the software and hardware, their licenses, and all accompanying materials to the Board, so they could be used by the Board for its educational programs. Id. On March 18, 2005, the Board wrote to Plaintiffs’ attorney indicating its willingness to pay the $5,000 contemplated in the settlement agreement if the assistive technology — which was in the Parents’ possession — would be turned over to the Board. Affidavit of Brenda McNeal [doc. # 69] Ex. 5. The Board sent the attorney a $5,000 check payable to Villa Maria and directed him to hold the check in escrow until the Parents delivered the assistive technology to the Board. However, Plaintiffs’ attorney returned the check to the Board. Affidavit of Brenda McNeal [doc. # 69] ¶¶ 12-13 & Ex. 6. As of the date of the oral argument before this Court on September 8, 2005, the Parents still had not delivered to the Board any software or hardware. At the argument, the Board’s attorney expressed her client’s continued willingness to pay $5,000 toward the software and hardware, but only so long as they were turned over to the Board. Minute Entry for Proceedings Held Before Judge Mark R. Kravitz on September 8, 2005 [doc. # 71]. However, Plaintiffs’ attorney informed the Court that the Parents refused to turn over the software and hardware to the Board. On May 29, 2003, the PPT met to discuss A.S.’s placement for the 2003-2004 school year and recommended that A.S. attend Madison Middle School. A.S. Decision at 19. The parties dispute exactly what occurred at this meeting. The PPT’s meeting notes indicate that after considering A.S.’s grades and test results from Villa Maria, an IEP was presented that the PPT believed accommodated A.S.’s educational needs. The Parents asked that any educational program for A.S. include small class sizes, utilization of assistive technology, and continued use of the Lindamood-Bell reading program. A.S.’s father requested information about the environmental air quality of Madison Middle School, which the Board agreed to forward to him. The PPT also offered a summer program at Villa Maria or summer tutorial at either a Trumbull Board of Education high school or the library. A.S. Ex. B-92 at 2; see also A.S. Decision at 19-21. According to a letter dated May 29, 2003, from Plaintiffs’ attorney to the Board’s Director of Special Education, who had attended the PPT meeting, the meeting notes did not reflect A.S.’s father’s ultimate response to the proposed IEP for his daughter. According to the lawyer, about two hours after the meeting had begun, the Director of Special Education had excused the meeting reporter “based upon a belief that the PPT had been adjourned.” A.S. Ex. P-12. As a result, the minutes did not reflect the fact that A.S’s father had advised the PPT that he rejected the proposed IEP for A.S., believing it inappropriate for his daughter. According to the attorney’s letter, A.S.’s father’s belief was based on the Board’s refusal of his request for: A small class size with a student teacher ratio of approximately 1:3;. At least two hours of instruction per day with the Lindamood-Bell programs. Continuation of the assistive technology, including software, utilized by April at home and/or at school, that would assist her in meeting IEP goals and objectives. Continuation of the current placement at Villa Marie [sic] for 2003-04 if these requests could not be met. Id. The father had also expressed concerns about the environmental condition of Madison Middle School and had requested a copy of environmental testing reports on the school. In a letter dated June 2, the Board denied that the meeting had adjourned before A.S.’s father had been given a chance to voice his concerns on the record, but the Board agreed that the position stated in the attorney’s letter represented A.S.’s father’s position. A.S. Ex. P-13. The PPT rejected the request for continued support for A.S. to remain at Villa Maria. Nevertheless, the Parents decided to enroll A.S. in Villa Maria for the 2003-2004 school year. A.S. Decision at 19-21. By letter on August 7, 2003, the Parents requested a hearing regarding the appropriateness of the PPT’s IEP for A.S. Id. at 2. Mary H.B. Gelfman was appointed as Hearing Officer. At the request of the Parents, the Hearing Officer agreed to hear both A.S.’s case and W.S.’s case at the same time. Hearing sessions took place on sixteen different days between September 2003 and February 2004, during which Plaintiffs’ attorney presented and cross-examined numerous witnesses. Id. The hearings produced over 3200 pages of written transcript. In addition, the administrative record before the Hearing Officer includes over 200 exhibits. During the course of the hearings, the Hearing Officer considered the following issues: 1. Were the Individualized Education Program (IEP) and the placement offered by the Board at the May 29, 2003, Planning and Placement Team (PPT) meeting appropriate to Student’s special education needs in the least restrictive environment? 2. Is the placement offered Student by the Board reasonably safe, in terms of indoor air quality, for Student? 3. If not, is placement at Villa Maria for the school year 2003-2004 appropriate? 4. Is the Board responsible for funding Student’s placement at Villa Maria? 5. Is the Board responsible for reimbursement of assistive technology costs to the Parents during the 2002-2003 school year, per a prior settlement agreement, and for continuation of assistive technology services in 2003-2004? 6. Did Student require assistive technology in 2002-2003 and/or 2003-2004, in order to benefit from special education? 7. Must the Board produce additional information/documentation concerning Environmental Air Quality inspections? 8. Is Lindamood-Bell instruction, an educational methodology, necessary for Student? 9. Does a special education hearing officer have the authority to enforce a prior settlement agreement between the parties? 10. Has the Board offered Student a safe school environment, pursuant to Section 504 of the 1973 Rehabilitation Act? Id. at 1-2. After receiving evidence, testimony, and briefing from the parties, the Hearing Officer issued a 28-page (single-spaced) Decision on April 8, 2004. In her Decision, the Hearing Officer concluded that the PPT’s proposed IEP for A.S., which provided for her to attend Madison Middle School for the 2003-2004 school year, was appropriate. According to the Hearing Officer, A.S. had made progress both in public school and at Villa Maria, and the proposed IEP incorporated information gathered from AS.’s teachers at Villa Maria, as well as from Ms. Lacey-Castelot. The Board’s speech and language pathologist, who participated in the May 29, 2003, PPT meeting, testified that she intended to incorporate into AS.’s reading curriculum the Lindamood-Bell reading program preferred by the Parents, as well as other techniques. “The PPT also demonstrated willingness to further accommodate [A.S.], if necessary, after her enrollment.” Id. at 23. The Hearing Officer noted that the Parents had asked for funding for the purchase of computer programs recommended by Mrs. Lacey-Castelot, and that the PPT had offered some, though not all, of these programs in its proposed IEP. According to the Hearing Officer, the Board’s technology consultant had advised that technology support “should be minimal unless a child requires more intrusive devices,” a philosophy the Hearing Officer found was confirmed by the Connecticut State Department of Education 1999 Guidelines for Assistive Technology. Id. at 26. Finding the proposed IEP appropriate, the Hearing Officer declined to prescribe any specific educational regimen, such as the Lindamood-Bell program. While “[p]arents may make suggestions at a PPT meeting, ... a hearing officer has no authority to override the professional judgment of appropriately trained and certified school staff members.” Id. at 25. The Hearing Officer also discussed the Parents’ concerns for A.S.’s health. The Executive Director of Villa Maria had testified that an aggressive cleaning regimen was employed at Villa Maria to provide students with an “aseptic environment.” Dr. Santilli, who also testified, had praised Madison Middle School, but questioned whether “water intrusion” during the summer of 2003 had possibly contaminated the building. Mr. Cormier testified that he had done a “walkthrough” inspection of one of Madison Middle School’s buildings, but that he did not conduct air sampling testing or generate any formal report. Pis.’ 56(a) Statement ¶ 49. However, neither party submitted any evidence of complaints about indoor air quality at Madison Middle School. The Hearing Officer examined an indoor air quality status report, dated September 10, 2003, for Madison Middle School that had been prepared by the Board’s Plant Administrator and an Indoor Air Quality Specialist. That report identified possible areas of concern and described the Board’s ongoing remediation efforts at Madison Middle School. These efforts included installation of roof air conditioning units, regular changing of air filters, replacement of stained ceiling tiles and contaminated carpets, cleaning of unit ventilators, and investigation and remediation of staff complaints. Id. at 22. While Dr. Santilli urged the adoption of a specific safety standard — 1,000 mold spores per cubic meter of air — the Hearing Officer observed that Dr. Danyliw and Mr. Cormier, “with both professional training in this area and significant experience,” noted that there was no consensus among regulators or professional organizations as to appropriate air-quality safety standards. Id. at 23-24. Instead of a spore-counting method, Dr. Danyliw and Mr. Cormier had recommended a more pragmatic approach in which potential sources of allergens, such as water leaks, were identified and remedied. According to the Hearing Officer, this pragmatic approach was supported by scientific articles regarding mold allergies. Based on test reports, testimony from Mr. Cormier, Dr. Santilli, and Dr. Danyliw, as well as several scientific articles provided by Dr. Santilli and Dr. Danyliw, the Hearing Officer concluded that A.S. “is, or is at risk of becoming, an extremely sensitive person.” A.S. Decision at 24. However, the Hearing Officer also concluded that “[t]he combination of thorough, systematic cleaning and maintenance, and monitoring of possible problem areas and complaints should provide a school environment in [Madison Middle School] as clean as that of Villa Maria.” Id. at 25. Based on these conclusions, the Hearing Officer determined that the IEP proposed at the May 29, 2003, meeting was appropriate and that placement of A.S. at Madison Middle School, rather than at Villa Maria, accommodated A.S.’s “special education needs in the least restrictive environment, and appears to be reasonably safe, in terms of indoor air quality, for [A.S.].” Id. at 27. Because she found that placement at Madison Middle School was appropriate, the Hearing Officer concluded that the Board need not reimburse the Parents for the costs of educating A.S. at Villa Maria, nor need the Board fund the purchase of educational software for use there, “even if the use [were] confined to [A.S.]’s home.” Id. Finally, the Hearing Officer directed the PPT to convene within 30 days to review A.S.’s status and plan for her transition back to public school. Id. at 27. Following the Hearing Officer’s decision, the Parents decided to keep A.S. at Villa Maria for the remainder of the 2003-2004 school year. B. W.S. W.S. was born in March 1995. For his kindergarten year, 2000-2001, W.S. enrolled at Tashua Elementary School, the same school his sister attended. W.S. also had a history of allergies and asthma, and because of these health issues, his parents provided the school with emergency medications to be taken if necessary. Under the care of the family’s pediatric allergist, Dr. Santilli, W.S. received allergy injections starting in the spring of 2001, as well as various allergy medications, which may have affected his classroom performance. Complaint [doc. # 1] App. B at 4 [hereinafter “W.S. Decision”]. In February 2001, Dr. Santilli recommended that W.S. not participate in gym class as a result of an allergic aggravation W.S. had suffered during the class. In March 2001, describing W.S.’s allergies as “severe,” Dr. Santilli reported that W.S. suffered from hives and asthma at Tashua Elementary School. Accordingly, he recommended homebound instruction for W.S. The doctor made two similar requests in April 2001. Id. at 5. At the beginning of the 2001-2002 school year, Dr. Santilli recommended that W.S. be excused from gym class for the entire year. He also suggested that the school install an air filter in W.S.’s classroom, remove carpeting and underlayment, and replace ceiling tiles affected by roof leakage. In early September 2001, a Section 504 plan — named after Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794 (“Section 504”) — was developed to accommodate W.S.’s health conditions because he had been found to qualify for accommodation under Section 504. The plan noted that W.S. was allergic to mold and peanuts, that W.S. sometimes experienced breathing problems, and that his medications might affect his ability to focus at and attend school. The plan also provided W.S. with early intervention support in reading. Id. On September 9, the Parents complained to the Board that W.S. had been allowed into the gym for a school photo in violation of his Section 504 plan, which had identified the gym as a problem area. According to his Parents, after exposure to the gym, W.S. had complained of “heaviness when he inhales” and had “required the use of his inhaler.” W.S. Ex. B-22. Alleging that the Board had “withheld all information into [sic] present air quality and refuse[d] to provide a safe environment for [W.S.] to learn in,” W.S.’s father filed a complaint with the Office of Civil Rights. W.S. Ex. B-33 at 5. Shortly thereafter, and acting on the recommendation of Dr. Santilli, who believed W.S.’s allergic symptoms were related to the Tashua Elementary School building, the Parents removed W.S. from school and began homebound instruction. W.S. Decision at 5. Between November 2001 and January 2002, W.S. underwent a series of educational and psychological evaluations. His skills were found to be within the average to low-average range. Id. at 5-6. In January 2002, a PPT convened to discuss the results of the evaluations. The PPT determined that W.S. was eligible for special education services under the designation of Other Health Impaired (“OHI”). The PPT developed educational goals and a learning program that involved consultation between the Board’s resource teacher and W.S.’s tutor. Id. at 6. The PPT met again a week later to discuss the finding of Dr. Santilli that the school’s resource room showed an acceptably low mold spore count. The PPT developed an IEP that provided for W.S. to return to school on a part-time basis and to receive tutoring support. The PPT also asked for a second medical opinion as to W.S.’s condition and for a psychiatric evaluation. Id. at 7. The PPT confirmed W.S.’s IEP at another meeting in early February. Id. at 8. Also in early February, the Board hired Mr. Cormier to inspect Tashua Elementary School. As described above, Mr. Cormier reported his findings and recommendations to the Board, which convened a meeting with all parents to discuss the report. Id. at 7. Also as described above, the Board began to implement Mr. Cormier’s recommendations for the Tashua Elementary School, and the Office of Civil Rights concluded its investigation into the complaints regarding both A.S. and W.S. W.S. Ex. B-56. W.S. returned part-time to Tashua Elementary School on February 5, 2002. His teacher reported that W.S. had some trouble focusing. The Parents made modifications in W.S.’s diet and lifestyle, such as moving the family dog outside the house, and conducted more testing under the supervision of Dr. Santilli. On February 19, Dr. Santilli reported that W.S. was doing well, and that “current classroom locations should not be changed for the next 30 days.” W.S. Decision at 9. W.S.’s PPT reconvened on February 25 and reviewed his diagnostic placement. Id. at 10. Ms. Lacey-Castelot, the Parents’ education consultant, evaluated W.S. and made recommendations for his IEP, including recommendations for specific educational techniques and programs. Id. at 8. The PPT recommended further educational evaluations, to which the Parents assented, as well as a psychiatric evaluation, which the Parents agreed to consider. Id. at 10. On March 5, Dr. Santilli reported that his examination of W.S. revealed that allergic symptoms had returned. The doctor recommended resumption of home-bound tutoring. The PPT reconvened on March 13 to review W.S.’s placement. At this meeting, Ms. Lacey-Castelot made recommendations to the PPT, which she believed to have been rejected. The PPT raised concerns about the quality of the testing Ms. Lacey-Castelot had performed and about her objectivity, and it discussed the possibility of further testing. W.S. was reported to be making good progress on his educational goals. The PPT again requested a psychiatric evaluation, as well as further information about W.S.’s medical status. Id. The following day, Dr. Santilli asked that W.S. be given at least three to four weeks of homebound instruction “until a suitable environment becomes available.” The PPT convened on March 15 and offered to place W.S. in a different school within the district, but the PPT refused the Parents’ request to test the school’s air quality before enrolling W.S. in the school. Id. The PPT also offered several options for W.S.’s return to school and requested that a physician agreed upon by both the PPT and the Parents provide a second medical opinion before resuming home-bound instruction for W.S. Id. at 10-11. On March 26, 2002, another pediatric allergist, who had been selected by the Parents, reported the results of his consultation concerning W.S. The allergist said that he could not at the time conclude that W.S.’s “problems stem from mold exposure in his school,” and he recommended additional testing of the school and placement of W.S. in a different school. Id. at 11. Further educational testing performed in early April showed that some of W.S.’s skills fell within the average range, but that he had some difficulties with others. Id. The Board’s assistive technology consultant evaluated W.S. and produced a report that disagreed with some of Ms. Lacey-Castelot’s recommendations and suggested the use of certain educational computer programs. Id. at 14. A speech and language evaluation noted that W.S. had below-average phonological awareness skills and suggested further monitoring. Id. at 15. The Parents consented to a second medical evaluation of W.S., which was performed by Dr. Danyliw, the same physician who performed the independent medical examination of A.S. Id. at 11. Dr. Danyliw took a history from W.S.’s parents and reviewed his medical records. Id. at 11-12. Dr. Danyliw produced a report in May 2002, in which he described W.S. as being allergic to milk, house dust, cat and dog dander, soy, and mold, and as experiencing a variety of allergic reactions, ranging from mild itching to life-threatening episodes. The report noted that “while molds in the environment may be either a contributing factor or perhaps the factor that precipitates [W.S.’s] symptoms in the school environment, the other allergens are very important in terms of both inciting symptoms and priming the examinee’s immune reaction for episodic symptoms.” Id. at 12. As a result, Dr. Danyliw stated that he could not say whether W.S.’s allergy to mold was “the primary offending agent[] for his symptoms.” Dr. Danyliw also stated that “environmental controls should include not only mold spores in the air but controlling potential behaviors and exposures which could result in severe allergic reactions.” Id. Based upon then-available test results, Dr. Danyliw concluded that “mold levels are significantly high enough in this particular school setting [i.e. Tashua Elementary School] to be a potential problem for the examinee.” Id. at 12-13. The report recommended that the school building be remediated according to the procedures suggested by AMC and Mr. Cormier and then retested by Mr. Cormier, “who is presumably neutral in this case.” Id. at 13. Dr. Danyliw suggested that it would be inadvisable to “allow[ ] [W.S.] to enter the [school] environment prior to reduction of the mold counts” below 1,000 spores per cubic meter, which he described as “a reasonable target.” Id. However, he also noted that “no one clearly knows how much exposure [to allergens] is necessary” to produce an allergic reaction, and that “[f]igures such as 1,000 spores per cubic meters are guidelines and some individuals will react to counts lower than that level, and some individuals may be able to tolerate levels higher than that count.” Id. Dr. Danyliw’s report concluded, “There is no legitimate medical reason that I can ascertain that would preclude [W.S.] from attending another public elementary school within the school district, as long as the indoor air contains acceptable levels of mold spores.” Id. W.S.’s PPT convened in June to discuss the results of W.S.’s evaluations. The PPT proposed a summer reading program, which the Parents accepted, and made adjustments to W.S.’s IEP. The PPT again requested a psychiatric evaluation, but the Parents declined. Instead, the Parents asked that Tashua Elementary School undergo post-remediation testing, that W.S. be placed in another elementary school, or that he be placed in an out-of-district school. At an August meeting, the PPT recommended full-day placement for W.S. at Tashua Elementary School following remediation that the Board believed had solved the school’s mold problem. Among other things, the Board had installed air conditioning and removed the carpet in two resource rooms. Responding to the Parents’ concerns about the art room, the PPT assured them that the school would test the art room and install air conditioning if necessary. Id. at 15. W.S.’s reading and math skills were reported as “improving dramatically.” Id. at 16. Citing concerns for W.S.’s health and safety, the Parents requested a hearing concerning W.S.’s placement for the 2002-2003 school year. Ultimately, the Board and W.S.’s parents reached a settlement agreement, which the Court has previously described, according to which the Board agreed to help defray W.S.’s tuition at Villa Maria for the 2002-2003 year. Also as noted above, the Parents performed air quality testing at Villa Maria but never disclosed the test results to the Board. Id. at 15. W.S.’s attendance at Villa Maria during the year was very good, and he was reported as making significant progress at the school. Id. at 17-18. On May 29, 2003, the PPT convened to develop W.S.’s IEP for the 2003-2004 school year. Id. at 18. Villa Maria had provided the PPT with reports and test scores from the 2002-2003 school year and included draft goals and objectives, including specific materials and programs to be used for the upcoming year. Id. at 19. The Parents requested use of the Linda-mood-Bell reading program for W.S., which they believed had been successful at Villa Maria. The PPT proposed that W.S. be placed in a newly constructed school — • Frenchtown Elementary School — and suggested a program involving remedial tutoring and additional evaluations. However, the Parents rejected the PPT’s proposal because they believed it offered less individual attention than W.S. was receiving at Villa Maria, and because the Board refused to test air quality at Frenchtown Elementary School before placing W.S. in the school. Id. at 18. By letter on August 7, 2003, the Parents requested a hearing regarding the appropriateness of W.S.’s IEP. Id. at 2. As noted above, Mary H.B. Gelfman was appointed as Hearing Officer, and she heard W.S.’s case along with A.S.’s during sixteen hearing sessions between September 2003 and February 2004. Id. The Hearing Officer considered the same ten issues in conjunction with W.S. as she had considered with regard to A.S. Id. at 1-2. On April 8, 2004, the Hearing Office issued a 25-page, single-spaced Decision, in which she concluded that the proposed IEP for W.S., including placement at Frenchtown Elementary School for the 2003-2004 school year, was appropriate. The Hearing Officer’s decision identified the same factors that had borne on her decision regarding AS.’s placement in Madison Middle School: The PPT’s IEP had incorporated suggestions from teachers at Villa Maria and Ms. Lacey-Castelot; and although declining to prescribe the use of a specific educational program, such as the Lindamood-Bell method, or to require the provision of certain computer software programs, the PPT had demonstrated a willingness to make adjustments in the future as needed. According to the Hearing Officer, evidence suggested that a flexible, pragmatic approach to remediation was a better way to deal with W.S.’s allergies than adopting Dr. Santilli’s proposed bright-line standard of 1,000 mold spores per cubic meter. As she did with A.S., the Hearing Office concluded that W.S. “is, or is at risk of becoming, an extremely sensitive person,” but that an active and thorough cleaning regimen would produce an environment at Frenchtown Elementary School as clean as that of Villa Maria. Id. at 20-23. Therefore, because she found the proposed IEP for W.S. appropriate, the Hearing Officer concluded that the Board was not responsible for funding W.S.’s placement at Villa Maria for the 2003-2004 school year. Id. at 23. The Hearing Officer also directed the PPT to reconvene in thirty days to review W.S.’s status and to plan for his transition back to public school. Id. at 24. However, the Parents decided to keep W.S. at Villa Maria for the remainder of the 2003-2004 school year. Id. at 17. C. Procedural History On May 21, 2004, Plaintiffs filed this action. See Complaint [doc. # 1]. Plaintiffs later amended their complaint. First Amended Complaint [doc. #8]. In their amended complaint, Plaintiffs maintain that A.S. and W.S. were denied a “free appropriate public education” by the Board’s refusal to place the children at Villa Maria for the 2003-2004 school year. Plaintiffs’ amended complaint contains five counts charging the Board with violating the following laws and agreements: Count One, the Individuals with Disabilities Education Act (“IDEA”), 20 U.S.C. § 1400 et seq.; Count Two, Section 504 of the Rehabilitation Act, 20 U.S.C. § 794; Count Three, Connecticut’s special education law, Conn. Gen.Stat. § 10-76a et seq.; Count Four, Connecticut’s Uniform Administrative Procedures Act (“UAPA”), Conn. Gen. Stat. § 4-183; and Count Five, the 2002 settlement agreement. Plaintiffs ask this Court to reverse the decisions of the Hearing Officer, “award A.S. and W.S. a free appropriate public education,” award Plaintiffs the costs of A.S.’s and W.S.’s placement at Villa Maria during 2003-2004, and provide them with other compensatory and breach-of-contract damages. First Amended Complaint [doc. # 8] at 19-22. On October 29, Plaintiffs moved to supplement the administrative record with A.S.’s and W.S.’s educational records for the 2004-2005 school year. Plaintiffs asserted that this evidence was relevant to the claim set forth in their First Amended Complaint and that it had not been available at the time of the Hearing Officer’s decision. Motion to Introduce Additional Evidence [doc. # 19]. The Board opposed Plaintiffs’ Motion. In an on-the-record telephonic conference on January 7, 2005, the Court made clear to Plaintiffs that their supplemental evidence would be admitted only if they identified precisely what documents or information they sought to introduce and explained how those documents or information were relevant to issues decided by the Hearing Officer. Minute Entry for Proceedings Held Before Judge Mark R. Kravitz on January 7, 2005 [doc. # 23]. After further briefing, the Court denied Plaintiffs’ Motion to Introduce Additional Evidence, as Plaintiffs had “neither provided the Court with the documents they seek to introduce nor sufficiently described them in a way that would permit the Court to consider Plaintiffs’ motion.” Ruling and Order [doc. # 34] at 3. On February 28, Plaintiffs moved for reconsideration of the Court’s ruling on their motion to supplement the record. Motion for Reconsideration [doc. # 35], The Court again denied Plaintiffs’ motion, Ruling and Order [doc. # 37], but indicated a willingness to reconsider if Plaintiffs obtained copies of the records they intended to introduce and demonstrated their relevance, Minute Entry for Proceedings Held Before Judge Mark R. Kravitz on March 8, 2005 [doc. #38], Plaintiffs obtained educational and medical records for A.S. and W.S. and on April 25 again moved to introduce the records. Plaintiffs’ Memorandum of Law in Support of Their Motion to Introduce Additional Evidence [doc. # 41]. The Board once again opposed the motion. Because Plaintiffs styled their latest motion as a memorandum of law in support of a motion that had already been denied, the Clerk mistakenly docketed the motion as a memorandum in support of an unrelated motion, Motion to Introduce Duplicate Paper Copies of the Administrative Record [doc. #40], which the Court later dismissed. As a result, no motion to introduce evidence remains pending before the Court. However, the Court construes Plaintiffs’ still-pending Motion for Permission to File Exhibits in Support of Motion to Introduce Additional Evidence [doc. # 45] as a renewal of Plaintiffs’ motion to supplement the record with additional evidence. Plaintiffs have moved for judgment on counts one, three, and four of the complaint, [doc. # 49], and for summary judgment on counts two and five of the complaint [doc. # 52], The Board has opposed these motions and has moved for judgment on the administrative record on counts one through four and for summary judgment on count five [doc. # 65]. On September 8, the Court heard extensive oral arguments and took all pending motions under advisement [doc. #72]. The Court also requested and received post-argument briefing. See [docs. ## 73, 74, 75, & 81]. II. The Court will address in turn each count of Plaintiffs’ complaint. A. Individuals with Disabilities in Education Act The Individuals with Disabilities in Education Act, 20 U.S.C. § 1400 et seq., “represents an ambitious federal effort” to ensure that all children are given access to a public education regardless of any disabilities they may suffer. Bd. of Educ. v. Rowley, 458 U.S. 176, 179, 102 S.Ct. 3034, 73 L.Ed.2d 690 (1982) (describing the IDEA’S precursor, the Education for All Handicapped Children Act (“EAHCA”)); see id. at 179-80, 102 S.Ct. 3034 (discussing the EAHCA’s legislative history). Federal funding under the IDEA is available to states that “develop educational plans that are ‘reasonably calculated’ to ensure that all children with disabilities receive a ‘free appropriate public education.’ ” D.F. ex rel. N.F. v. Ramapo Cent. Sch. Dist., 430 F.3d 595, 598 (2d Cir.2005) (quoting 20 U.S.C. § 1412(a)(1)). A party dissatisfied with a proposed educational plan may challenge it in an administrative hearing, in which the party bears the burden of proving the plan to be inadequate. See Schaffer ex rel. Schaffer v. Weast, — U.S.—,—, 126 S.Ct. 528, 537, 163 L.Ed.2d 387 (2005). The Second Circuit instructs that when reviewing administrative decisions under the IDEA, “a district court must make a two-step inquiry: first, the court must consider whether the state has complied with the Act’s procedural requirements; second, it must consider whether the IEP is ‘reasonably calculated to enable the child to receive educational benefits.’ ” Mrs. B. v. Milford Bd. of Educ., 103 F.3d 1114, 1120 (2d Cir.1997) (quoting Rowley, 458 U.S. at 206-07, 102 S.Ct. 3034). The district court is to make these determinations based on the preponderance of the evidence, giving “ ‘due weight’ to state administrative proceedings.” Mrs. B, 103 F.3d at 1120 (quoting Rowley, 458 U.S. at 206, 102 S.Ct. 3034). This is the standard the Court has applied in evaluating Plaintiffs’ IDEA claims. Before turning to those claims, however, the Court must address Plaintiffs’ request to supplement the administrative record. 1. Motion to Supplement the Record The IDEA provides that, in an action challenging an administrative decision, a district court “(i) shall receive the records of the administrative proceedings; (ii) shall hear additional evidence at the request of a party; and (iii) basing its decision on the preponderance of the evidence, shall grant such relief as the court determines is appropriate.” 20 U.S.C. § 1415(i)(2). The decision whether and to what extent to admit additional evidence is committed to the discretion of the court, “which must be careful not to allow such evidence to change the character of the hearing from one of review to a trial de novo.” Town of Burlington v. Dep’t of Educ. of Mass., 736 F.2d 773, 791 (1st Cir.1984), affd on other grounds 471 U.S. 359, 105 S.Ct. 1996, 85 L.Ed.2d 385 (1985); accord Monticello School Dist. No. 25 v. George L., 102 F.3d 895, 901 (7th Cir.1996); Susan N. v. Wilson School District, 70 F.3d 751 (3rd Cir.1995); Ojai Unified School District v. Jackson, 4 F.3d 1467 (9th Cir.1993). Plaintiffs ask this Court to supplement the record with educational and medical records for A.S. and W.S. from the 2004-2005 school year. Plaintiffs argue that “relevant educational matters ... have occurred after April 8, 2004, the date of the [Hearing Officer’s] final decision.” Pis.’ Mem. of Law in Support of Their Mot. to Introduce Additional Evidence [doc. # 41] at 2. According to Plaintiffs, in the 2004-2005 school year, both A.S. and W.S. returned to public school from Villa Maria. Plaintiffs seek to introduce a vast array of documents relating to the children’s return to public school, including the following: IEPs, minutes of PPT meetings, disciplinary records, educational evaluations conducted by the Board, report cards, attendance records, health records, notes from the school nurse, teachers’ reports, notes from W.S.’s parents and doctors excusing his absences, and psychological evaluations. See Mot. for Permission to File Exs. in Support of Mot. to Introduce Additional Evidence [doc. #45] (attached exhibits). According to Plaintiffs’ attorney, “[a]t least some of the educational and medical information described is relevant to the disposition of this matter.” Pis.’ Mem. of Law in Support of Their Mot. to Introduce Additional Evidence [doc. # 41] at 6. The Board opposes Plaintiffs’ motion, arguing that to allow the requested supplementation would transform these proceedings from a review of the Hearing Officer’s decisions into a de novo trial. The Board also argues that what happened during the 2004-2005 school year does not bear on whether the Board provided A.S. and W.S. with a free appropriate public education during the 2003-2004 school year. See Opposition to Plaintiffs’ Motion to Introduce Additional Evidence [doc. #20] at 11-12. The Board further maintains that the Court would be required “to hear substantial additional testimony in order to understand the content and context of the requested ... records” Plaintiffs wish to submit. Opposition to Plaintiffs’ Motion to Introduce Additional Evidence [doc. # 48] at 3. Finally, the Board insists that Plaintiffs should not be allowed to use their supplementation request as a means of evading the IDEA’S e