Full opinion text
OPINION AND ORDER KENNETH M. KARAS, District Judge: Plaintiffs Philip and Daryl Schreiber (“Parents” or “Plaintiffs”) are the parents of S.S., a child classified in 2004 as learning disabled by Defendant East Ramapo Central School District (the “District”). Parents brought this action against the District and against Defendant Mitchell J. Schwartz (“Schwartz”), in his “individual official capacity” as Superintendent of the District, pursuant to the Individuals with Disabilities Act, 20 U.S.C. § 1400 et seq. (“IDEA”), seeking review of three State Review Officer (“SRO”) decisions regarding reimbursement for tuition they paid for S.S. to attend the Yeshiva of New Jersey, Bergen County (“YNJ”) for the 2004-05, 2005-06, and 2006-07 school years. Parents also assert entitlement to compensatory relief for alleged discrimination, pursuant to 42 U.S.C. § 1983 (“ § 1983”) and § 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. § 794 (“§ 504”), as well as to reasonable attorneys’ fees. Parents have moved for summary judgment on all of them claims. Defendants have also moved for summary judgment on all of Parents’ claims. For the reasons set forth below, Parents’ Motion for Summary Judgment is denied, and Defendants’ Motion for Summary Judgment is granted. I. Background, A. Statutory Background To put the factual background into context, the Court briefly notes the relevant statutory framework of the IDEA. Under the IDEA, states receiving federal funds are required to provide a free appropriate public education (“FAPE”) to “all children with disabilities.” 20 U.S.C. § 1412(a)(1)(A); see also Bd. of Educ. of the Hendrick Hudson Cent. Sch. Dist. v. Rowley, 458 U.S. 176, 179, 102 S.Ct. 3034, 73 L.Ed.2d 690 (1982). To meet this obligation, school districts within a state must provide “special education and related services tailored to meet the unique needs of a particular child, [which are] ‘reasonably calculated to enable the child to receive educational benefits.’” Walczak v. Fla. Union Free Sch. Dist., 142 F.3d 119, 129 (2d Cir.1998) (quoting Rowley, 458 U.S. at 207, 102 S.Ct. 3034) (internal quotation marks and citation omitted). These services must be administered in accordance with an Individualized Education Plan (“IEp”), which school districts must have in place at the start of each school year. See 20 U.S.C. § 1414(d)(2)(A). In New York, if a parent disagrees with an IEP prepared by a school district, the parent may challenge the IEP by requesting an “[impartial due process hearing,” 20 U.S.C. § 1415(f), before an impartial hearing officer (“IHO”) appointed by a local board of education, see N.Y. Educ. Law § 4404(l)(a). The resulting decision may be appealed to a SRO, see N.Y. Educ. Law § 4404(2); see also 20 U.S.C. § 1415(g), and the SRO’s decision may be challenged in either state or federal court, see 20 U.S.C. § 1415(i)(2)(A). Also, “[i]f parents believe that [the school district] has failed [to provide a FAPE], they may, at their own financial risk, enroll the child in a private school and seek retroactive reimbursement for the cost of the private school from the [district].” Gagliardo v. Arlington Cent. Sch. Dist., 489 F.3d 105, 111 (2d Cir.2007). B. Factual Background 1. S.S. ’s Early Childhood Classification as Learning Disabled Parents first requested that the District evaluate S.S. for special education services in March 1997, when S.S. was pre-school aged. (Pis.’ Statement of Material Facts (“Pis.’ Years 1 & 2 56.1 Stmt.”) ¶ 2; Defs.’ Reply Statement of Material Facts (“Defs.’ Years 1 & 2 56.1 Reply”) ¶ 2.) A state-approved evaluation center recommended that the District provide S.S. with special services. (Pis.’ Years 1 & 2 56.1 Stmt. ¶ 4.) The District’s Committee on Preschool Special Education (“CPSE”) subsequently classified S.S. as disabled and created an IEP to address S.S.’s needs. (Id. ¶ 7.) The IEP recommended occupational therapy once a week. (Defs.’ Statement of Material Facts Pursuant to Local Rule 56.1 (“Defs.’ 56.1 Stmt.”) ¶24.) Parents declined to place S.S. in one of the District’s schools, instead enrolling her for pre-kindergarten in Ashar, a nonpublic yeshiva school, for the 1997-98 school year. (Pis.’ Years 1 & 2 56.1 Stmt. ¶ 8.) The District provided S.S. with weekly occupational therapy. (Id.) The District’s records show that on June 16, 1998, prior to the start of the 1998-99 school year, S.S. was declassified as disabled at Parents’ request. (Defs.’ 56.1 Stmt. ¶¶ 25-27; Defs.’ Impartial Hearing I (“IH I”) Ex. 12.) In fact, a form from the CPSE indicates that one of S.S.’s parents signed the form noting his or her disagreement with the CPSE recommendation to refer S.S. to a Committee on Special Education (“CSE”) for kindergarten. (Defs.’ IH I Ex. 12.) The form also has a handwritten note reflecting that S.S. was declassified as per “parent request.” (Id.) Parents refute the District’s contention that S.S. was “declassified” at their request (Pis.’ Aff. ¶ 4), contending that they signed the form to indicate their disagreement with the District’s recommended services, and to discontinue the weekly occupational therapy, not to declassify S.S. (IH I Tr. 718-20) (Test, of Daryl Schreiber (“D. Schreiber”).) According to Parents, “no notice [was given] to [them]” that S.S. had been “ ‘declassified’ or terminated from special education eligibility.” (Pis.’ Aff. ¶ 4.) The District presented evidence that a representative explicitly notified Parents that “without [their] consent to” a CSE meeting, S.S. would not get services. (IH I Tr. 1005, 1008-09, 1012-13 (Test, of Marlene Slackman).) Consistent with the District’s view, from the 1998-99 school year through the 2000-01 school year, “no services were provided [to S.S. by the District] and no ... contacts were undertaken” between the Parties. (Pis.’ Aff. ¶ 4; IH I Tr. 271-72, 276-77 (D.Schreiber).) During that time, Parents enrolled S.S. in the Yeshiva of Spring Valley (‘YSV”), a nonpublic yeshiva school, for kindergarten, first grade, and second grade (IH I Tr. 268, 682), and there is no record of them following up with the District to pursue CSE review or any special education services. 2. Evaluation of S.S. During the 2001-02 School Year In June 2001, prior to S.S. beginning third grade, Parents requested that S.S. be evaluated for special education services by YSV. (Pis.’ Years 1 & 2 56.1 Stmt. ¶ 21.) YSV referred S.S. to the District for an evaluation. (Id) The document containing the educational evaluation noted that S.S. was “referred for an educational evaluation because she [was] having some academic difficulty.” (Pis.’ IH I Ex. B, at 1.) There is no suggestion that the District was told that S.S, was viewed as being disabled or was being referred to the CSE. In any event, the educational evaluation showed that S.S. lagged in “spelling, written expressive language and vocabulary,” and that she exhibited “[m]ore significant lags ... in silent reading comprehension.” (Id at 3.) The evaluation also stated that S.S. had “above grade level skills in reading recognition, phonics, and reading comprehension and listening comprehension,” as well as “grade appropriate skills” in “math computation.” (Id) A separate psychological evaluation revealed that S.S. had a “sense of lowered self esteem.” (Pis.’ IH I Ex. A, at 3.) Both the educational and psychological evaluations included recommendations to improve S.S.’s reading comprehension and written expressive language skills. (Id at 4; Pis.’ IH I Ex. B, at 3.) Specifically, the educational evaluation recommended “remedial reading instruction” and practice in certain comprehension skills. (Pis.’ IH I Ex. B, at 3.) No recommendation was made that S.S. was disabled or that S.S. be referred to the CSE. After the evaluations were completed, the District did not conduct a CSE meeting to develop an IEP for the 2001-02 school year. (Pis.’ Aff. ¶ 9; Pis.’ Years 1 & 2 56.1 Stmt. ¶26.) Parents claim that they requested a referral to the CSE (Pis.’ Aff. ¶ 6), but offer no documentation to support this assertion. Instead, Parents suggest that the results of the psychological report and the educational evaluation themselves demonstrate the need for referral to the CSE. However, the psychological report notes that the educational testing evaluation “indicated age appropriate functioning except in silent reading and written language areas.” (Pis.’ IH I Ex. A, at 2.) The ultimate conclusion of the psychologist was that S.S. was a “second grader currently functioning in the lower portion of the average range intellectually. Verbal comprehension and auditory attention were average while perceptual organization was low average. Moderate deficits were noted in visual sequencing and visual synthesis which appear to depress reading comprehension.” (Id at 3.) There is no indication in either the psychological report or the educational evaluation that S.S. was viewed as disabled, and Parents have failed to demonstrate that they, YSU, or the private evaluators requested a CSE. Indeed, the record contains not a single letter from Parents expressing concern about why the District had not referred S.S. to a CSE or why no IEP was proposed for S.S. Instead, Parents thereafter removed S.S. from YSV and enrolled her in another private yeshiva school, Ateres, for third grade, fourth grade, and fifth grade. (Pis.’ Years 1 & 2 56.1 Stmt. ¶ 28.) Parents appear to have not made any request during these years to have S.S. referred to the District’s CSE. 3. Evaluation of S.S. During the 200k-05 School Year In June 2004, prior to S.S. beginning sixth grade, Parents referred S.S. for a private psychoeducational evaluation because of their continuing concern about her performance in school. (Pis.’ Aff. ¶ 11; IH I Tr. 290-91; Defs.’ IH I Ex. 5, at 1.) A psychoeducational evaluation provided by Aliza Zucker, a school psychologist, and her supervisor, Dr. Judith Silver, showed that S.S.’s cognitive abilities were average overall, but that she exhibited significant weakness in reading and spelling. (Defs.’ IH I Ex. 5, at 3, 6.) “[H]er verbal expression [was] in the [l]ow [a]verage range, evident in whole speech as well as poor word knowledge and retrieval.” (Id. at 6.) While she exhibited average problem solving skills, her problem solving was “often interfered with by her language weakness.” (Id. at 6-7.) S.S. also exhibited problems with spelling and with phonological processing. (Id. at 7.) “[I]t [was] more difficult for [S.S.] to perceive, break down and compose sounds and sound combinations than for other children her age.” (Id.) These symptoms were all consistent with a diagnosis of dyslexia. (Id.) S.S. exhibited average overall math skills, though she did “process[ ] math tasks at a slower rate compared to other children her age.” (Id. at 5.) Psychologically, the evaluation showed that S.S.’s “academic difficulties and negative attitude toward school are not solely attributable to her limitations in ability, but to her personality and emotional functioning as well.” (Id. at 7.) S.S. demonstrated low-self esteem, a failure to recognize her personal strengths, and “feelings of helplessness.” (Id.) The evaluation recommended that S.S. be educated within a regular school setting with the addition of “an integrative resource room program,” and “extended time [testing], reading assistance, and multiple choice tests.” (Id.) The evaluation also suggested that S.S. “be given the opportunity to organize clubs, activities, or projects to boost self-esteem by fostering” her “strength as an organizer and a leader.” (Id.) To further boost her self esteem, the evaluation recommended regular psychotherapy for S.S. (Id. at 8.) To address S.S.’s deficiencies in language, the evaluation recommended that Parents consult with a speech-language pathologist to discuss the benefits of language therapy. (Id.) The speech-language pathologist with whom Parents consulted recommended language therapy for S.S. “to address the weaknesses she presents in auditory comprehension, oral expression, reading and writing,” and a “structured writing remediation program” to help S.S. with writing. (Defs.’ IH I Ex. 6, at 7-8.) This evaluation, done on August 26, 2004, also noted that S.S.’s “parents are considering transferring her to [YNJ], another dual curriculum program though [S.S.] would be in a self-contained classroom.” (Id. at 2.) After the private evaluations were completed in August 2004, Parents decided to pull S.S. out of Ateres and to enroll her in the sixth grade class at YNJ, a private yeshiva school, for the 2004-05 school year. (Pis.’ Aff. ¶ 16; IH I Tr. 312 (D.Schreiber).) Parents then requested a CSE meeting with the District in September 2004 and provided the District with copies of the private evaluations they had obtained. (Pis.’ Aff. ¶ 15; Defs.’ 56.1 Stmt. ¶37.) The District convened the CSE meeting on November 3, 2004. (Defs.’ 56.1 Stmt. ¶ 43.) At the meeting, the CSE classified S.S. as learning disabled and developed an IEP for the 2004-05 school year. (Defs.’ IH I Ex. 1, at 1; IH I Tr. 20-21 (Test, of Rosemary Bair (“Bair”)).) The IEP noted that S.S.’s “significant academic deficits, particularly in reading, interfere with her ability to progress in the mainstream without support.” (Defs.’ IH I Ex. 1, at 2.) The IEP recommended that S.S. receive daily resource room services for forty minutes per day in a classroom with one teacher and a maximum of four other learning disabled students. (Id. at 1; IH I Tr. 23 (Bair).) The IEP also recommended that S.S. be given extended time for tests, which would be administered in a location separate from other students. (Defs.’ IH I Ex. 1, at 1; IH I Tr. 23-24 (Bair).) These were the only special services recommended in the IEP to address S.S.’s needs. The IEP included goals and objectives in the areas of study skills, reading, writing, and math. (Defs.’ IH I Ex. 1, at 5-7.) The IEP did not include any social or emotional goals for 5.5. instead stating that S.S. had “no social and emotional needs that should be addressed through special education at this time.” (Id. at 3.) Parents were “hesitant” about the IEP, but they did not state their disagreement with the IEP at the meeting. (Defs.’ 56.1 Stmt. ¶ 50; IH I Tr. 25-27 (Bair).) Parents left the meeting with the consent for services form in hand, but they did not thereafter return the form or otherwise consent. (IH I Tr. 26-27 (Bair).) Parents did not formally object to the IEP until February 7, 2005, when they requested an impartial hearing on the IEP. (Pis.’ Aff. ¶ 18; IH I Ex. 1, at 1.) Parents claimed that the November CSE meeting was procedurally inadequate because the District had failed to conduct an observation of S.S. prior to the November CSE meeting, as required by N.Y. Comp. Codes R. & Regs. tit. 8 § 200.4(b)(l)(iv), and that none of S.S.’s teachers was present at the meeting. (IH I Ex. 1, at 1.) Substantively, Parents argued that the IEP’s recommended program, including its overall goals and objectives, was inappropriate for S.S. (Id. at 2.) Parents sought tuition reimbursement for S.S.’s YNJ tuition. (Id.) In response, the District prepared an updated social history, observed 5.5. during her Hebrew class at YNJ, and conducted an educational evaluation of S.S. (Defs.’ IH I Exs. 7, 9.) The school psychologist who observed S.S. stated that the secular studies teacher at YNJ believed 5.5. was “making satisfactory academic progress,” although S.S. was, at times, “reluctant to comply ... with directions.” (Defs.’ IH I Ex. 7, at 1.) Similarly, the religious studies teacher reported to the District observer that S.S. was making progress and was “well-behaved” and “eagerly complie[d] and follow[ed] directions.” (Id.) After observing S.S. in class, the school psychologist stated “there are questions as to whether or not this program is offering instruction in the least restrictive environment.” (Id. at 4.) In the updated educational evaluation, the District’s school psychologist recommended that S.S. be encouraged to read grade-level material and suggested that “[cjontinued academic support would be ... beneficial ... to facilitate achievement.” (Defs.’ IH I Ex. 9, at 2.) On March 17, 2005, the District convened another CSE meeting in which additional teachers, including one of S.S.’s teachers from YNJ, participated. (Defs.’ IH I Ex. 2, at 4; IH I Tr. 66-67 (Bair).) The CSE ultimately proposed an IEP with a projected start of March 29, 2005 and a review date of June 23, 2006; in other words, the IEP was to cover the remainder of the 2004-05 school year and the 2005-06 school year. (Defs.’ IH I Ex. 2, at 1.) The new IEP recommended the same classification, program, and placement in the resource room recommended by the November 2004 CSE, and continued to state that “no social and emotional needs ... should be addressed through special education at this time.” (Id. at 1, 3.) The new IEP stated that “[ajlthough [YNJ] feels that [S.S.] is making satisfactory progress in her current self-contained setting, after much discussion this committee feels that this setting is too restrictive to meet this student’s needs.” (Id. at 4.) Parents did not consent to the IEP at the meeting. (IH I Tr. 35-36 (Bair).) Instead, Parents again left the meeting with the consent form in hand, but they did not provide consent to implement the proposed IEP. (Id. at 30-31.) S.S. continued to attend YNJ throughout the 2004-05 school year. (Pis.’Aff. V 41.) J. S.S. ’s 2001-05 School Year at YNJ S.S.’s program at YNJ, a yeshiva, consisted of religious and Hebrew instruction in the morning and secular studies in the afternoon. (Defs.’ 56.1 Stmt. ¶¶ 56-57.) At YNJ, S.S. was enrolled in a “transitional program” designed to help S.S. build skills that ideally would enable her to eventually be mainstreamed in a “regular classroom.” (IH I Tr. 312-13 (D.Schreiber).) The transitional program is a “self-contained, skills-based program.” (Defs.’ 56.1 Stmt. ¶ 51.) YNJ sought to address 5.5.’s needs through reading instruction in the Wilson Program — a multi-sensory reading program similar to the Orton-Gillingham method recommended in the 2004 evaluation — three times a week, one-on-one. (IH I Tr. 532, 591 (Test, of Barbara Goldstein (“Goldstein”)).) To improve 5.5.’s fluency, YNJ assisted S.S. with “guided reading with the teacher,” as well as “individual reading time.” (Id. at 540.) To address S.S.’s deficiencies in writing, YNJ used Judith Hochman’s Basic Writing Skills Program in all academic courses that involved writing. (Id. at 533.) YNJ provided independent attention for S.S. to develop her vocabulary, and utilized a Target Spelling program to improve her deficiencies in spelling. (Id. at 538-39.) Both 5.5.’s YNJ teachers and Parents felt that 5.5. made both academic and emotional progress after attending YNJ for one school year. (Id. at 313 (D.Schreiber); id. at 541-45 (Goldstein).) Although YNJ did not offer S.S. psychological counseling, the director of the YNJ program spoke with Parents about arranging counseling for 5.5. (Defs.’ 56.1 Stmt. ¶ 55.) For the 2004-05 school year, S.S. was only mainstreamed with “regular” students for morning prayers, breakfast, recess, lunch, gym, computers (once weekly), bible class (once weekly), social skills classes, and monthly community-service projects group. (IH I Tr. 528 (Goldstein); Defs.’ 56.1 Stmt. ¶ 58.) During the 2004-05 school year, S.S. was not mainstreamed for any academic subjects, and she was taught in small classes comprised of no more than eight students, one teacher, and one teaching assistant. (IH I Tr. 527 (Goldstein); Defs.’ 56.1 Stmt. ¶ 54.) YNJ considered mainstreaming S.S. for the 2004-05 school year for math, because the evaluations of 5.5. from August 2004 showed that her math skills were on grade-level. (IH I Tr. 547, 604 (Goldstein).) Nevertheless, YNJ independently assessed S.S. for the mainstream math program and determined that she did not qualify, both because of her deficiencies in reading and because of the intensity of YNJ’s mainstream math program. (Id. at 547-48, 604-06.) 5. S.S.’s 2005-06 School Year at YNJ Parents contend that the District did not convene a meeting of the CSE to evaluate 5.5.’s needs for the 2005-06 school year and that it did not prepare an IEP for S.S for that school year. (Pis.’ Aff. ¶¶ 33-34.) On its face, the IEP prepared by the District at the CSE meeting on March 17, 2005 covered the end of the 2004-05 school year through the entirety of the 2005-06 school year. (Defs.’ IH I Ex. 2, at 1.) Dr. Rosenshein, who was not an employee of the District and who did not participate in the CSE meeting, stated that, in his opinion, the June 2006 review date was an error because an IEP should be created for each school year. (IH I Tr. 429 (Test, of Joel S. Rosenshein (“Rosenshein”)).) Throughout the 2005-06 school year, Parents continued S.S.’s enrollment at YNJ. (Pis.’ Aff. ¶ 35.) Parents claim that they felt that S.S. had made progress in the 2004-05 school year, and that they believed that she would continue to make progress in the 2005-06 school year. (Pis.’ Aff. IT 41.) Ms. Goldstein, the head of YNJ’s transitional program, testified that prior to the beginning of the 2005-06 school year, YNJ planned to place S.S. in a mainstream science class (IH I Tr. 579 (Goldstein).) Evidence not available to IHO I shows that S.S. was, in fact, mainstreamed for 7th grade science. (Impartial Hearing III (“IH III”) Tr. 132 (Test, of Philip Schreiber (“P. Schreiber”)); Pis.’ IH III Ex. G.) Evidence suggests that S.S. was also mainstreamed once a week in writing toward the end of the 2005-06 school year. (Pis.’ Aff. Ex. EE, at 4; Pis.’ IH III Ex. H, at 1.) 6. S.S. ’s 2006-07 Evaluation and School Year at YNJ On March 27, 2006, the District requested in a letter that Parents consent to the District reevaluating S.S. in order to “make appropriate recommendations for the coming school year.” (Defs.’ IH III Ex. 2.) In May 2006, Parents consented to the evaluation, to YNJ exchanging information with the District, and to the District observing S.S. in class. (Pis.’ IH III Ex. I.) The District conducted its evaluation in June 2006. (Pis.’ IH III Ex. H.) The evaluation showed that S.S. scored in the 7th percentile for “word reading” and had “some difficulty in sounding out many multi-syllabic words;” showed “poor knowledge of spelling rules and homophones;” had confidence in writing an essay but showed weaknesses in using “mature vocabulary words, grammar and capitalization and punctuation;” and scored in the 37th percentile for “numerical operations,” showing “confidence when asked to complete math processes” but difficulty with “fractions, decimals, and simple algebraic equations.” (Id. at 2.) The evaluator concluded that S.S. appeared most competent in “mathematical computations skills” and was confident about creative writing. (Id. at 1.) “Spelling, vocabulary and critical reading skills” were below grade level and specific “skills in written expressive language ... [were] apparent weaknesses.” (Id. at 3.) The evaluator recommended “small group instruction” for S.S. to address her deficits and stated that S.S. should “continue her fine work in the area of mathematical computation.” (Id.) After the evaluation, the District’s school psychologist sent a letter to Parents, dated July 19, 2006, stating that Parents had a “right to refer” S.S. to the CSE and asking Parents to complete and return a referral letter. (Defs.’ IH III Ex. 4.) In August 2006, Parents responded by letter, stating that no IEP was in place for 2006-07, and that they were enrolling S.S. in YNJ, and that they would “seek full tuition reimbursement and related costs” from the District. (Defs.’ IH III Ex. 5.) A slew of correspondence followed between the District and Parents, in which the District accused Parents of failing to cooperate and requested that Parents consent to a CSE meeting and to providing access to YNJ’s records. (Defs.’ IH III Exs. 7-8.) The District eventually requested records from YNJ (Defs.’ IH III Ex. 11), and later wrote another letter to Parents stating that YNJ had not yet sent any records and again asking Parents to consent to an evaluation of S.S., (Defs.’ IH III Exs. 12, 13). No IEP was developed for the 2006-07 school year, and Parents again unilaterally placed S.S. at YNJ. (Rule 56.1 Statement on Pis.’ Mot. for Summ. J. on Year # 3 (“Pis.’ Year 3 56.1 Stmt.”) ¶¶ 13-14.) Several IEPs were prepared by YNJ during the 2006-07 school year to track S.S.’s goals and progress. The IEPs stated that S.S.’s reading “improved tremendously,” though she still had “difficulty with unfamiliar words.” (Pis.’ IH III Ex. C, at 10, 22.) By the end of the year, S.S. had completed the entire Wilson reading program and was “able to sound out most words independently.” (Id. at 32.) S.S. had greater difficulty “when reading in content areas,” and had difficulty retaining information. (Id. at 33.) The June 2007 IEP stated that S.S. had showed “great improvement in her understanding of social studies concepts,” but that S.S. needed to review class lessons daily and to ask more questions. (Id.) S.S.’s writing also seemed to improve as her IEPs state that she was “able to organize single paragraphs without using an outline,” was able to use “varied sentence structures and conjunctions” (id. at 12, 24), and was able to write a three-page social studies term paper with the help of “specific guiding questions and directions,” (id. at 34). The IEPs stated that S.S. had “become more confident in her relationships with her peers” (id. at 14), was “quick to socialize” (id. at 20), and had “developed friendships with girls in the mainstream class,” (id. at 35). The March 2007 IEP noted that S.S.’s behavior, which was “previously exceptional, ha[d] declined” (id. at 26), but the June 2007 IEP stated that her behavior had improved, (id. at 35). The June 2007 IEP stated that, overall, S.S. “progressed nicely both academically and socially.” (Id. at 35.) In 2006-07, S.S. was mainstreamed in math and received good marks on her mainstream classwork evaluation for math. (Pis.’ IH III Ex. G; id. Ex. C, at 8.) S.S. was removed from the mainstream science class because unlike the 7th grade class, which was more hands-on, the 8th grade class involved intensive reading. (IH III Tr. 143-144 (P. Schreiber).) S.S. was not mainstreamed in any other secular academic classes besides math. (Pis.’ IH III Ex. G.) S.S. continued to be mainstreamed in certain religious studies classes, such as “Prophets” and Bible studies, as well as computers and physical education. (Id.) The March 2007 religious studies IEP commented on S.S.’s performance in the mainstream classes, noting that although S.S. often forgot homework and did not follow instructions, “[w]hen supported with reviews and one-on-one sessions, [S.S.] ... is capable of doing well, even in the mainstream classes.” (Pis.’ IH III Ex. C, at 20.) Similarly, the November 2007 IEP for religious studies stated that S.S. interacted well with her peers “especially when grouped with her friends in the parallel eighth grade class,” and that S.S. was “motivated to do well in the mainstream classes ... and her scores reflect comprehension and review.” (Id. at 30.) The IEP stated that “[S.S.] does not perform as well in the smaller classes” because she did “not review nightly!,] ... put the appropriate effort into mastering new skills and material,” or accept “all of the responsibilities of a student.” (Id.) 7. Administrative Review of IEPs and the Private Placement a. IHO I’s Decision IH I, requested by Parents on February 7, 2005, was held on five dates between July 6, 2005 and October 31, 2005. (SRO Decision No. 06-013, dated Mar. 27, 2007 (“SRO I Decision”) 7.) In the impartial hearing, Parents sought reimbursement for S.S.’s tuition at YNJ for the 2004-05 and 2005-06 school years, fees related to counseling and language therapy for S.S., costs related to S.S.’s tutoring, and costs for private evaluations conducted in 2004. (IHO Decision dated Dec. 30, 2005 (“IHO I Decision”) 1.) IHO I concluded that the November 3, 2004 and March 17, 2005 IEPs would not provide S.S. with a FAPE as required by the IDEA, but he denied all of Parents’ requests for reimbursement. (Id. at 4-6.) Specifically, based on the evidence presented at the hearing, IHO I determined that “S.S. [was] in need of a program that addresse[d] her verbal needs, which focus[ed] on weakness in her verbal comprehension and associated spelling and vocabulary deficits which impede[d] her ability to express herself in writing.” (Id. at 3.) IHO I concluded that the IEPs proposed by the District were inappropriate because they did not address S.S.’s needs for speech-language services, counseling, or one-on-one remedial reading. (Id. at 5.) IHO I determined that S.S. required a program that “meets S.S.’s verbal comprehension and writing needs directly and further provides one on one speech and language services to eliminate her spelling and vocabulary weaknesses” as well as “counseling ... on a weekly basis.” (Id.) Although IHO I concluded that the IEPs were inappropriate, he refused tuition reimbursement for Parents for the 2004-05 and 2005-06 school years because he deemed YNJ an inappropriate placement for S.S. (Id. at 5-6.) IHO I noted that S.S. was given the opportunity to be mainstreamed with other students at “meals[], reeess/gym, computer and Bible.” (Id. at 3.) Despite this mainstreaming opportunity, IHO I noted that the YNJ program was a “self-contained class” and that “the opportunity for S.S. to interact in the school’s mainstream [was] substantially limited.” (Id. at 3-4.) In IHO I’s judgment, “[w]hile S.S. is a child with a learning disability, I do not find that her disability is so severe that she should be deprived of the benefits as a student that she can receive by being in regular classes, with support to address her needs.” (Id. at 4.) The IHO felt that while 5.5. was “succeeding to some degree in [the YNJ] placement,” her weaknesses could be corrected “with the proper remedial instruction” and that she would “benefit personally ... from her presence in a less restrictive environment as mandated by New York law.” (Id.) IHO I also credited evidence that suggested that the dual language instruction at YNJ “has had some impact relative to [S.S’s] English language failings, both verbal and written.” (Id. at 4.) IHO I directed the District to reconvene the CSE to promptly prepare an IEP to appropriately address 5.5.’s needs. (Id. at 6.) IHO I also rejected Parents’ claims that the District had “no procedures in place to affirmatively locate a child with a learning disability” (id. at 5), as the child find provision of the IDEA requires, see 20 U.S.C. § 1412(a)(3)(A). IHO I noted that “S.S.’s mother was fully familiar as to the opportunity to refer a child for services.” (Id. at 6.) b. SRO I’s Decision On February 16, 2006, Parents appealed IHO I’s decision to SRO I, seeking, inter alia, tuition reimbursement for school years 2004-05 and 2005-06. (SRO I Decision 1, 8.) The District cross-appealed, arguing that IHO I incorrectly decided that the IEPs proposed for S.S. were inappropriate. (Id. at 9.) SRO I reviewed the evidence, beginning with the initial classification of S.S. as disabled in the Spring of 1997. (Id. at 2.) SRO I summarized the subsequent events and testing, including the 2001 and 2004 evaluations. (Id. at 2-5.) Based on his review of the record, SRO I determined that S.S. had “overall cognitive ability” in the “average range” with “deficits in reading decoding, reading comprehension, spelling, vocabulary and word retrieval.” (Id. at 1.) In addition, SRO I recognized that S.S. “struggle[d] with low self-esteem, feelings of inadequacy, and a poor attitude toward school.” (Id. at 1-2.) SRO I concurred with IHO I that the District had failed to offer S.S. a FAPE because the IEPs failed to adequately address her speech-language and social-emotional needs. (Id. at 10.) Under the terms of the IEPs, S.S. would have spent forty minutes daily in the resource room with no more than five students, and the rest of her program would have been in general education classes of 18-24 nondisabled students. (Id.) SRO I found that this program would not appropriately address goals and objectives related to S.S.’s demonstrated lag in vocabulary, comprehension, word-retrieval skills, verbal abstract thinking skills, and oral and language skills. (Id. at 10-11.) In addition, SRO I noted that “[gjiven the results of the psychoeducational evaluation report, the IEPs should have addressed the student’s present levels of performance in the social emotional domain more in depth.” (Id. at 11.) SRO I also agreed with IHO I’s conclusion that YNJ was an inappropriate placement for S.S. during the 2004-05 school year “because it is an overly restrictive environment for the student.” (Id. at 12.) SRO I noted that the IEP developed by YNJ “contained goals that targeted [S.S.’s] decoding, reading comprehension, writing, and mathematic skills,” and that S.S. had made some progress in her reading and spelling skills at YNJ. (Id. at 12-13.) SRO I also noted that the director of YNJ’s transitional program had testified that S.S.’s performance was different in a one-on-one setting, that S.S. “exhibited deficits in following directions,” and that S.S. required “additional review of learned material more than a ‘regular class’ would require.” (Id. at 14.) Nevertheless, SRO I ultimately concluded that the transitional program in which S.S. participated at YNJ was inappropriate because it was an “overly restrictive environment.” (Id. at 12.) SRO I explained that parents “are not held as strictly to the standard of placement” in the least restrictive environment as are the schools, but that “the restrictiveness of the parental placement may be considered in determining whether the parents are entitled to an award of tuition reimbursement.” (Id.) Noting that the evidence demonstrated that S.S. “was not mainstreamed for any academic subjects” and that “[t]he record does not show that YNJ attempted to mainstream [S.S.] for any academic subjects other than math” (id. at 14), SRO I agreed with IHO I that S.S.’s “average to low cognitive abilities and achievement test scores did not require a self-contained classroom of no more than seven students for all academic subjects,” (id.) SRO I reached this conclusion despite acknowledging that S.S. was mainstreamed “for prayer, breakfast, recess, lunch, gym, once weekly Bible class, once weekly computer class, once per month community service project and social skills class.” (Id.) In reaching its decision, SRO I noted that the “mainstream curriculum at YNJ was described as ‘very academic,’ ‘intense’ and competitive.” (Id.) SRO I also rejected Parents’ claim for reimbursement for the 2005-06 school year. (Id. at 15.) Noting that there “was no information in evidence regarding the student’s program at YNJ during the 2005-06 school year or how that program met her special needs,” SRO I concluded that Parents had failed to carry their burden of demonstrating that YNJ was an appropriate placement for S.S. for the 2005-06 school year. (Id.) c. IHO II’s Decision Regarding the 2005-06 School Year On June 22, 2006, Parents requested a second administrative hearing to address their claim for reimbursement of tuition for the 2005-06 school year. (Pis.’ Aff. ¶ 30; IHO Decision dated July 24, 2006 (“IHO II Decision”) 1.) The District moved to dismiss Parents’ claim “on the grounds that the ... claim for reimbursement of tuition for the 2005-06 school year ha[d] been previously determined in a previous [ijmpartial [hjearing.” (IHO II Decision 1.) IHO II dismissed the June 22, 2006 claim on the ground that res judicata barred a second hearing on Parents’ entitlement to reimbursement for the 2005-06 school year. (Id. at 4-5.) IHO II noted that while Parents’ initial request on February 7, 2005 for an impartial hearing contain[ed] “no mention of any issues regarding the 2005-06 school year,” the first administrative review had “address[ed][ ] Parents’ claims for both the 2004-05 and 2005-06 school years.” (Id. at 3-4.) IHO II found it significant that when Parents appealed IHO I’s decision to SRO I, they did not argue that IHO I had erred in deciding the issue of reimbursement for the 2005-06 school year. (Id. at 4; Pis.’ Pet. on Appeal to SRO I 18.) Instead, Parents requested SRO I award them tuition reimbursement for 2005-06. (IHO II Decision 4.) Accordingly, SRO I’s decision resolved Parents’ claim for reimbursement for the 2005-06 school year. (Id.) Based on these findings, IHO II dismissed Parents’ claim for reimbursement for the 2005-06 school year. (IHO II Decision 5.) cL SRO IPs Decision Parents appealed IHO II’s decision to SRO II, and SRO II concluded that IHO II had appropriately dismissed the claim “based upon the doctrine of res judicata.” (SRO Decision No. 06-100, dated Sept. 29, 2006 (“SRO II Decision”) 1.) In response to Parents’ claim that they had not had a fair opportunity to present their case regarding the 2005-06 school year, SRO II found that “[t]o the extent that [Parents] requested relief regarding the 2005-06 school year during [IH I] and then failed to present evidence at [IH I], they are precluded from now doing so.” (Id. at 3.) In reaching this conclusion, SRO II noted that Parents’ original due process claim to IHO I requested relief only for 2004-05, but that IH I and the appeal to SRO I reflected that Parents were also seeking reimbursement for 2005-06. (Id. at 2.) SRO II stated that Parents failed to prove their “bare allegation that [the District] refused its consent ... when [Parents] sought to expand the scope of relief to the 2005-06 school year.” (Id. at 3.) Furthermore, SRO II explained that Parents never raised the issue of their inability to present evidence at IH I on their appeal to SRO I. (Id.) For the same reasons, Parents were precluded from raising the issue of whether IHO I lacked jurisdiction over their claim regarding the 2005-06 school year. (Id. at 4.) SRO II emphasized that Parents were free to raise their assertion that “they were aggrieved by the” SRO’s first decision regarding 2005-06 in their appeal to this Court. (Id.) e. IHO Ill’s Decision On July 16, 2007, Parents requested a third impartial hearing (“IH III”) to address the 2006-07 school year. (IH III Ex. I.) Parents alleged that the District failed to prepare an IEP for the 2006-07 school year, that S.S. was denied a FAPE, and that YNJ was an appropriate placement for S.S. (IHO III Ex. II, at 6-9.) Parents requested, inter alia, reimbursement for the entire secular portion of YNJ’s tuition for the 2006-07 school year. (IHO III Ex. I, at 3.) The District argued that Parents had impeded the District’s ability to create an IEP by failing to consent to reconvene the CSE, and by failing to cooperate, and that YNJ continued to be an inappropriate placement for S.S. (IHO III Ex. Ill, at 7-11,17-18.) IHO III held a hearing on October 17, 2007. (IHO III Decision 3.) IHO III found that the District did not offer S.S. a FAPE for 2006-07 because no IEP was developed. (Id. at 4-5.) IHO III rejected the District’s argument that Parents failed to consent because Parents did not need to refer S.S. to the CSE again when the “CSE knew about the child and had classified her as a student with a disability.” (Id. at 5.) Furthermore, Parents consented to a “new evaluation on May 4, 2006 by signing the District’s consent form,” which gave the District permission to reevaluate S.S., request records from YNJ, and observe S.S. in class. (Id.) Turning to whether YNJ was an appropriate placement for the 2006-07 school year, IHO III considered the 2006 education evaluation of S.S. and noted its conclusions that S.S.’s “spelling, vocabulary and critical reading skills are below grade expectation” and that “written expressive language” skills were weaknesses. (Id. at 6.) IHO III credited the evaluator’s recommendation that S.S. “participate in small group instruction to address her academic deficits” and found “no indication from this assessment that the student requires special education in mathematics.” (Id.) IHO III reviewed the IEPs prepared by YNJ in 2005, 2006, and 2007, noting that the March 2006 IEP indicated “great progress in her reading” and the ability of S.S. to be mainstreamed in writing once per week. (Id. at 7.) IHO III stated that the three secular IEPs from November 2006, March 2007, and June 2007 showed that S.S. made “progress in reading throughout the year ... [,] completed the entire Wilson reading program,” improved in English comprehension and understanding of social studies concepts and, overall, “progressed nicely both academically and socially.” (Id. at 8 (internal quotation marks -omitted).) Based on the evaluations and IEPs, IHO III found that Parents had shown that YNJ was an appropriate placement for S.S. (Id.) IHO III stated that “there [was] no evidence that the environment was overly restrictive” when the educational evaluation had recommended small group instruction. (Id.) As a result, IHO III awarded Parents reimbursement for the “portion of the tuition which relates to special education in the areas of English, writing, social studies, and science,” but did not award tuition for other secular classes or for Hebrew or religious studies. (Id. at 9-10.) IHO III declined to decide the exact percentage or amount of reimbursement, concluding that if requested, a future hearing could address the exact percentage of reimbursement and the reasonableness of the tuition at YNJ. (Id. at 10.) f. SRO Ill’s Decision The District appealed IHO Ill’s decision regarding its failure to offer S.S. a FAPE for the 2006-07 school year and the order of reimbursement. (SRO III Decision No. 07-137, dated Feb. 6, 2008 (SRO III Decision) 1.) Parents cross-appealed IHO Ill’s decision not to award reimbursement for non-special education secular classes. (Id.) After summarizing the many letters exchanged between the District and Parents (id. at 3-5), SRO III upheld IHO Ill’s finding that the District failed to offer S.S. a FAPE for the 2006-07 school year, (id. at 8-9). SRO III explained that “additional consent to refer the matter to the CSE would [have been] unnecessary when the CSE” previously identified S.S. as disabled and constituted an “extra procedural step” not required under state or federal law. (Id.) Additionally, the District was already required to review the IEP at least annually, and Parents had consented to reevaluation by signing the consent form on May 4, 2006. (Id. at 9.) However, SRO III disagreed with IHO Ill’s decision regarding the appropriateness of YNJ and overturned the reimbursement award. (Id. at 12.) SRO III noted that although the least restrictive environment standards are not as strict for parents as for schools, mainstreaming may still be considered in evaluating reimbursement eligibility. (Id. at 10.) SRO III reviewed the YNJ IEPs from November 2006 and March 2007, noting the statements that S.S.’s reading had “improved tremendously,” that her “sight word vocabulary was expanding,” and that her writing skills had improved. (Id. at 11 (internal quotation marks omitted).) SRO III also noted that the IEPs stated that S.S.’s behavior had declined, that she was not consistently putting effort into class and homework, and that she “continued to have difficulty ‘grasping’ information when reading content material in social studies and science.” (Id.) Despite the noted progress, SRO III found that “there [was] no documentary or testimonial evidence that describes the student’s program at YNJ or demonstrates how YNJ’s programs met the student’s special education needs.” (Id.) Specifically, SRO III stated that the hearing record contained “no information” regarding the “student’s daily schedule,” the size of the classes or the “profiles of the other students” in S.S.’s classes or the methodologies or strategies used to address S.S.’s deficits. (Id.) SRO III also found that no information was provided regarding “the accommodations and modifications provided to the student in the mainstream or self-contained classes, or the supplementary aids and services that may be appropriate” for S.S. (Id.) With insufficient evidence on the record, SRO III decided that Parents failed to “demonstrate that YNJ provided educational instruction specially designed to meet the unique needs of’ S.S. (Id. at 11-12.) Additionally, SRO III disagreed with IHO III regarding the restrictiveness of the YNJ placement. (Id. at 12.) SRO III noted that for all three school years, S.S. was mainstreamed for some religious subjects, computers and physical education. (Id. at 10.) SRO III explained that for the 2005-06 school year, S.S. was mainstreamed in science; however, she was subsequently removed from the mainstream class for 2006-07 because the 8th grade “class required more reading” than S.S. could handle. (Id.) SRO III also noted that for 2006-07, S.S. was mainstreamed for math. (Id.) SRO III concluded that the evidence “suggest[ed] that YNJ ha[d] not met [S.S.’s] special education needs” for 2006-07 when “the only additional class in which [S.S.] was mainstreamed was math” and when S.S. “was taken out of the mainstream science class due to her reading deficits.” (Id. at 12.) Accordingly, SRO III reversed IHO Ill’s reimbursement award. (Id.) C. Procedural Background Parents filed their initial Complaint in this Court on June 28, 2006 — six days after they filed their petition for an impartial hearing on the 2005-06 school year — seeking tuition reimbursement for S.S.’s placement at YNJ for both the 2004-05 and 2005-06 school years. (ComplY 8.) Parents filed a First Amended Complaint on July 14, 2006, adding claims of discrimination based on religion and disability and removing their claim for tuition reimbursement for the 2005-06 school year. (Dkt. No. 2.) Following SRO II’s dismissal of their petition for review of the 2005-06 school year, on November 15, 2006, Parents filed a Second Amended Complaint (“SAC”) to consolidate their appeal of SRO II’s decision. (Dkt. No. 12.) On March 1, 2007, Parents and Defendants filed summary judgment motions regarding SRO I and SRO IPs denials of tuition reimbursement for the 2004-05 and 2005-06 school years. On May 6, 2008, Parents filed a new complaint under a new docket number seeking review of SRO Ill’s decision and reimbursement for the YNJ tuition for the 2006-07 school year. (Compl., Schreiber v. E. Ramapo Cent. Sch. Dist., No. 08-CV-4288, 2008 WL 3154025 (S.D.N.Y. May 6, 2008).) On January 29, 2009, the Parties agreed in a stipulation to consolidate the two different actions, to have the Court deny without prejudice the pending motions in the older case, and to file new motions addressing the consolidated action. (Dkt. No. 39.) In March 2009, Parents filed a new summary judgment motion seeking tuition reimbursement for all three school years, as well as compensatory and punitive damages under § 1983 and § 504 of the Rehabilitation Act. (Pis.’ Mem. 10-20; Pis.’ Year 3 56.1 Stmt. ¶¶ 3, 24.) Defendants also filed for summary judgment, seeking to dismiss all of Plaintiffs’ claims. The Court held oral argument on January 26, 2010. II. Discussion A. Parents’ Claims Under the IDEA 1. Standard of Review Unlike an ordinary summary judgment motion, the existence of a disputed issue of material fact will not necessarily defeat a motion for summary judgment in the IDEA context. See Viola v. Arlington Cent. Sch. Dist., 414 F.Supp.2d 366, 377 (S.D.N.Y.2006). Thus, while the parties “may call the procedure a motion for summary judgment, the procedure is in substance an appeal from an administrative determination, not a summary judgment.” Lillbask ex rel. Mauclaire v. Conn. Dep’t of Educ., 397 F.3d 77, 83 n. 3 (2d Cir.2005) (internal quotation marks and ellipse omitted); see also P. ex rel. Mr. P. v. Newington Bd. of Ed., 546 F.3d 111, 118 (2d Cir.2008) (“[Wjhile our review is de novo, it is tinged with a significant degree of deference to the state educational agency, as we are essentially acting in an administrative-law-style capacity.”). Courts reviewing administrative decisions under the IDEA must determine whether the decision is supported by “ ‘the preponderance of the evidence,’ taking into account not only the record from the administrative proceedings, but also any further evidence presented before the District Court by the parties.” Grim v. Rhinebeck Cent. Sch. Dist., 346 F.3d 377, 380 (2d Cir.2003); see also M.S. ex rel. S.S. v. Bd. of Educ. of the City Sch. Dist. of Yonkers, 231 F.3d 96, 102 (2d Cir.2000), abrogated on other grounds by Schaffer ex rel. Schaffer v. Weast, 546 U.S. 49, 57-58, 126 S.Ct. 528, 163 L.Ed.2d 387 (2005). “In conducting this review, the [c]ourt may reject factual findings that are not supported by the record or are controverted by the record.” C.B. ex rel. W.B. v. N.Y. City Dep’t of Educ., 02-CV-4620, 2005 WL 1388964, at *13 (E.D.N.Y. June 10, 2005). The Supreme Court and the Second Circuit have cautioned “that IDEA’S statutory scheme requires substantial deference to state administrative bodies on matters of educational policy.” Cerra v. Pawling Cent. Sch. Disk, 427 F.3d 186, 191 (2d Cir.2005) (citing Rowley, 458 U.S. at 205-08, 102 S.Ct. 3034). “While federal courts do not simply rubber stamp administrative decisions, they are expected to give ‘due weight’ to these proceedings, mindful that the judiciary generally ‘lacks the specialized knowledge and experience necessary to resolve persistent and difficult questions of educational policy.’ ” Walczak, 142 F.3d at 129 (quoting Rowley, 458 U.S. at 206, 208, 102 S.Ct. 3034) (internal quotation marks and brackets omitted). Courts may not “substitute their own notions of sound educational policy for those of the school authorities which they review.” M.S., 231 F.3d at 102 (internal quotation marks omitted). Thus, where an SRO decision “is reasoned and supported by the record,” the district court should not disturb it. Gagliardo, 489 F.3d at 114; see also Newington, 546 F.3d at 118 (“ ‘Deference is particularly appropriate when the state hearing officers’ review has been thorough and careful.’ ” (quoting Walczak, 142 F.3d at 129) (internal ellipse omitted)). 2. Parents’ Claims for Tuition Reimbursement Parents seek tuition reimbursement from the District, arguing that the District’s IEPs were inadequate. In Forest Grove School District v. T.A., the Supreme Court last year reaffirmed that the IDEA permits parents to seek reimbursement for the private placement of a child who has not received a FAPE. — U.S. -, 129 S.Ct. 2484, 2496, 174 L.Ed.2d 168 (2009). Generally, tuition reimbursement for a private placement is warranted if: (1) “the proposed IEP was inadequate to afford the child an appropriate public education, and (2)[ ] the private education services obtained by the parents were appropriate to the child’s needs.” Walczak, 142 F.3d at 129 (citing Sch. Comm. of Burlington v. Dep’t of Educ. of Mass., 471 U.S. 359, 370, 105 S.Ct. 1996, 85 L.Ed.2d 385 (1985)); see also Frank G. v. Bd. of Educ. of Hyde Park, 459 F.3d 356, 363 (2d Cir.2006) (same). “Moreover, because the authority to grant reimbursement is discretionary, ‘equitable considerations [relating to the reasonableness of the action taken by the parents] are relevant in fashioning relief.’ ” Frank G., 459 F.3d at 363-64 (quoting Burlington, 471 U.S. at 374, 105 S.Ct. 1996) (alteration in original). Parents thus may receive tuition reimbursement even if the child has not previously received special education or related services from a public school or agency. See Forest Grove, 129 S.Ct. at 2487. But, courts also “retain discretion to reduce the amount of a reimbursement award if the equities so warrant-for instance, if the parents failed to give the school district adequate notice of their intent to enroll the child in private school.” Id. at 2496. Although the burden of persuasion under IDEA generally rests with the party seeking the impartial hearing, see Schaffer, 546 U.S. at 62, 126 S.Ct. 528, under New York law the school district bears the burden of showing that the IEP was appropriate and parents seeking tuition reimbursement bear the burden of showing that a private placement was appropriate. See N.Y. Educ. Law § 4404(l)(c); see also Frank G., 459 F.3d at 364 (“Parents seeking reimbursement for a private placement bear the burden of demonstrating that the private placement is appropriate.”). Because the District does not contest SRO I’s finding that the November 2004 and March 2005 IEPs were inappropriate, or SRO Ill’s finding that the District failed to provide S.S. with a FAPE for the 2006-07 school year (Mem. of Law in Supp. of Defs.’ Mot. for Summ. J. (“Defs.’ Mem.”) 1-2), the Court focuses solely on whether YNJ was an appropriate placement for S.S. during the 2004-05, 2005-06, and 2006-07 school years. Thus, under either Schaffer or New York state law, Plaintiffs bear the burden in this inquiry. “Subject to certain limited exceptions, ‘the same considerations and criteria that apply in determining whether the school district’s placement is appropriate should be considered in determining the appropriateness of the parents’ placement.” Gagliardo, 489 F.3d at 112 (quoting Frank G., 459 F.3d at 364) (internal brackets omitted). Thus, “[t]o determine the appropriateness of parental placement, courts must apply the Rowley standard, that is, whether the private placement is reasonably calculated to enable the child to receive educational benefit.” C.B., 2005 WL 1388964, at *16 (internal quotation marks omitted); see also Gagliardo, 489 F.3d at 112 (“Subject to certain limited exceptions, the same considerations and criteria that apply in determining whether the school district’s placement is appropriate should be considered in determining the appropriateness of the parents’ placement.” (internal quotation marks and brackets omitted)). Aside from that requirement, however, “[n]o one factor is necessarily dispositive in determining whether parents’ unilateral placement is ‘reasonably calculated to enable the child to receive educational benefits.’ ” Frank G., 459 F.3d at 364 (quoting Rowley, 458 U.S. at 207, 102 S.Ct. 3034). “Grades, test scores, and regular advancement ... constitute evidence that a child is receiving educational benefit,” but courts may also consider whether “the totality of the circumstances [demonstrates that the] ... placement reasonably serves a child’s individual needs.” Id. Thus, a private placement is appropriate if the parents can show that in totality, the placement “is ‘likely to produce progress, not regression.’ ” Gagliardo, 489 F.3d at 112 (quoting Walczak, 142 F.3d at 130). Notably, “the standard applied to ... parental placements is less restrictive and subject to fewer constraints than that applied to the school authorities.” C.B., 2005 WL 1388964, at *16. For example, “[t]he parents’ unilateral placement need not have certified special education teachers or an IEP for the disabled student in order to qualify as appropriate.” Gabel ex rel. L.G. v. Bd. of Educ. of the Hyde Park Cent. Sch. Dist., 368 F.Supp.2d 313, 326 (S.D.N.Y.2005) (citing Florence County Sch. Dist. v. Carter, 510 U.S. 7, 14, 114 S.Ct. 361, 126 L.Ed.2d 284 (1993)); see also Frank G., 459 F.3d at 364 (noting that “a[n appropriate] private placement need not meet state education standards”). Nor is the parents’ placement “ ‘subject to the same mainstreaming requirements as a school board.’ ” Frank G., 459 F.3d at 364 (quoting M.S., 231 F.3d at 105); see also Gabel, 368 F.Supp.2d at 326 (“[W]hile students with disabilities should be educated in the least restrictive environment, parents are not held to the same strict standard of placement as school districts are.” (internal citation omitted)). “Nonetheless, IDEA’S requirement that an appropriate education be in the mainstream to the extent possible remains a consideration that bears upon a parent’s choice of an alternative placement and may be considered by the hearing officer in determining whether the placement was appropriate.... ” M.S., 231 F.3d at 105 (reversing district court’s award of tuition to student’s parents where SRO refused tuition on the grounds that the private placement was too restrictive); see also Muller ex rel. Muller v. Comm. on Special Educ. of the E. Islip Union Free Sch. Dist., 145 F.3d 95, 105 (2d Cir.1998) (“[T]he presumption in favor of mainstreaming must be weighed against the importance of providing an appropriate education to handicapped students.” (internal quotation marks omitted)); Pinn ex rel. Steven P. v. Harrison Cent. Sch. Dist., 473 F.Supp.2d 477, 482 (S.D.N.Y.2007) (“While failure of a parent to put a student in the [least restrictive environment] is not a bar to tuition reimbursement, it is a factor which may be considered by a hearing officer.” (internal citation omitted)). a. The 2004-05 School Year The first school year for which Parents seek tuition reimbursement is 2004-2005. Contrary to Parents’ contention that SRO I “did not review the child’s benefit in or from YNJ and did not consider the child’s language and emotional needs” (Pis.’ Mem. 11-12), the record shows that SRO I expressly considered these factors in making his determination. For example, SRO I’s decision carefully described the decade-long history of Parents’ interaction with the District; S.S.’s history of classification and subsequent declassification; the results of evaluations of S.S. from the summers of 2001 and 2004; the details of the District’s two IEPs; the IEPs prepared by YNJ; and S.S.’s curriculum in the transitional program at YNJ, including the programs implemented to address her special needs. (SRO I Decision 1-9, 12-13.) In particular, SRO I’s decision noted that YNJ’s evaluations of S.S. in March and June 2005 showed that she was making progress in reading, writing, spelling, and comprehension. (Id. at 13.) Upon weighing all of these facts, SRO I concluded that S.S. had “average to low average cognitive abilities and achievement test scores,” but that her abilities were not so severe as to warrant YNJ’s “self-contained classroom of no more than seven students for all academic subjects.” (Id. at 14.) The Court recognizes that Parents presented evidence to IHO I and SRO I that S.S. was making some progress at YNJ, both socially and in the academic areas of reading comprehension, writing, and spelling. (Defs.’ IH I Ex. 7, at 1 (“[S.S.] ma[de] satisfactory academic progress in [the transitional] program”); IH I Tr. 335 (Test, of Judith Silver (“Silver”)) (stating that S.S. “made improvement” at YNJ); id. at 541^45 (Goldstein) (noting that S.S.’s writing had improved since entering YNJ and stating that S.S. had grown socially, becoming more confident and making friends).) In addition, the program at YNJ addressed S.S.’s need for remedial instruction in vocabulary, comprehension, word-retrieval skills, verbal abstract thinking skills, and oral language skills, “elements] of special education services in which [SRO I judged that the] public school placement was deficient.” See Frank G., 459 F.3d at 365 (internal quotation marks omitted). Notwithstanding this evidence, there was also substantial support in the record for SRO I’s conclusion that YNJ was too restrictive to allow S.S. to develop to her full potential. Although academic progress is clearly relevant to the inquiry, it “does not itself demonstrate that a private placement is appropriate.” Gagliardo, 489 F.3d at 115; see also Green v. N.Y. City Dep’t of Educ., No. 07-CV-1259, 2008 WL 919609, at *7 (S.D.N.Y. Mar. 31,