Full opinion text
OPINION AND ORDER KENNETH M. KARAS, District Judge: “G.B.” and “L.B.” (collectively, “Plaintiffs”) bring this action against the Tuxedo Union Free School District (“Defendant,” or “the District”), on behalf of their eight-year-old daughter “N.B.,” who suffers from autism. The Individuals with Disabilities Education Act (“IDEA”), 20 U.S.C. §§ 1400 et seq., requires that children with disabilities be educated with non-disabled children “to the maximum extent appropriate.” N.B.’s parents allege that the District violated this mandate by removing N.B. from her mainstream preschool class, and attempting to place her in a special education class made up entirely of students with severe disabilities. N.B.’s parents placed her in a mainstream private school class at their own expense, and are now suing the District under IDEA for, inter alia, reimbursement of N.B.’s tuition. Both parties have moved for summary judgment. For the reasons stated herein, the Court grants Plaintiffs’ motion, and denies Defendant’s motion. I. Background A. Factual Background N.B. is an eight-year-old girl who has been diagnosed with Pervasive Development Disorder — Not Otherwise Specified (PDD-NOS), a form of autism. (Transcript of Administrative Hearing (“Tr.”) 455-46; Tr. 1093; Administrative Record, Parents Ex. (“Parents Admin. Ex.”) B., at 1; Administrative Record, District Ex. (“District Admin. Ex.”) 28, at 1.) N.B. has “a mixture of various strengths and weaknesses.” (Tr. 1093.) She has difficulty controlling her emotions and struggles with social interaction. (Tr. 1094.) She also has “poor” speech intelligibility and “significant language delay.” (State Office of Review Ex. (“SRO Ex.”) 1; see also Tr. 1094, 1108.) N.B. has displayed “a short attention span, limited eye contact, distractibility, and a high activity level,” engaged in “limited interactions with peers and adults,” and has “had difficulty transitioning from one activity to another,” becoming “agitated at times.” (SRO Ex. 1, at the tenth unnumbered page.) Her strengths include a good memory (Tr. 1094), and the ability to “model[ ] behaviors” she observes (Tr. 1199). On April 18, 2005, the District’s Committee on Preschool Special Education (CPSE) met to develop an Individualized Education Program (IEP) for N.B. for the upcoming 2005-06 school year. (SRO Ex. 4.) N.B. was approximately three and one-half years old at the time. The CPSE determined that N.B. had “significant delays in speech skills, language skills, motor skills, social skills and attentional skills, which interfere with participation in age appropriate activities” (id. at 3), and classified her as “a preschool child with a disability,” (id. at 5). Still, the CPSE decided against placing N.B. in a special education class because, in its opinion, special education was “overly restrictive and [N.B.’s] needs could be met in a less restrictive environment.” (Id. at 3.) Instead, the CPSE decided to place N.B. in the YMCA’s “Y’s Beginnings/Little Pals” program, a mainstream preschool. (Id. at 2.) The CPSE explained that N.B. “requires a small teacher-to-student ratio with minimal distractions,” and, therefore, “would benefit from a small structured preschool or nursery education class to provide her with age appropriate role models in language and social skills.” (Id at 4.) On the CPSE’s recommendation, N.B. attended the YMCA’s “Y’s Beginnings/Little Pals” preschool four days a week for two and one-half hours a day, accompanied by a 1:1 aide who helped her keep pace with the class. (Id. at 2.) Additionally, the CPSE arranged for N.B. to receive therapy at home. (Id. at 1-2.) N.B. appears to have made positive strides during the 2005-06 school year. The teacher of N.B.’s mainstream preschool class went out of her way to note that N.B. “has made many friends in class,” and “is doing wonderfull [sic].” (SRO Ex. 6, at 1, 4.) “I am seeing such an improvement,” she continued, “especially in her social skills.” (Id. at 4.) Likewise, a report from one of N.B.’s tutors noted her linguistic progress. (SRO Ex. 2.) Specifically, it noted that N.B. “initiated naming objects in a purposeful manner, expressively made her needs and desires known,” could answer questions regarding her name and age, and was “learning to speak in sentences, such as, T want-.’ ” (Id. at 2.) N.B. continued, however, “to demonstrate difficulty with consistent appropriate eye contact.” (Id.) Dawn Sanchez, N.B.’s long-time therapist, witnessed N.B.’s progress during the 2005-06 school year. That year, Ms. Sanchez worked with N.B. twice a week in N.B.’s home, and would occasionally attend N.B.’s school to oversee her teacher and 1:1 aide. (Tr. 407, 1231.) Ms. Sanchez noted advances in N.B.’s social and academic skills. (Tr. 1233.) For example, N.B. demonstrated the ability to count (Tr. 1255), identify objects and body parts (Tr. 1250-51, 1272), and recognize letters and some words, (Tr. 1272-73). “Mrs. B.,” N.B.’s mother, also noticed these advancements. She testified that “[t]he children naturally gravitated to N.B. in the preschool,” and would fight about “who would get to sit next to N.B. in the classroom at the table for lunch.” (Tr. 1439.) By the end of the year, Mrs. B. said that N.B. knew the alphabet, the colors, and the body parts, and could count to fifty. (Tr. 1443-47.) On June 5, 2006, the CPSE met to review N.B.’s progress during the 2005-06 school year, and to determine her placement for the 2006-07 school year. (District Admin. Ex. 9.) The CPSE issued an IEP that was similar to the last two. The '06-'07 IEP stated that N.B., now age four, had the expressive skills of a two-year-old, and, parroting a report issued two years earlier (SRO Ex. 1), noted that she had “a short attention span, high activity level, distractibility and limited eye contact.” (District Admin. Ex. 9, at 4.) The IEP also repeated, verbatim, the 4/18/05 IEP’s finding that N.B. has “significant delays in speech skills, language skills, motor skills, social skills and attentional skills, which interfere with participation in age appropriate activities.” (Id. at 3.) The '06-'07 IEP found that N.B. needed to improve, inter alia, language skills, social interaction with peers and adults, cooperative play skills, and frustration tolerance. (Id. at 4-5) The CPSE again determined that N.B. “would benefit from a small structured preschool or nursery education class to provide her with same age appropriate role models in language and social skills” (id.), and again declared that “a special class program ... was rejected” because “it would be overly restrictive and [N.B.’s] needs could be met in a less restrictive environment,” (id. at 6). The portion of the IEP that directs the CPSE to explain “the extent, if any, to which the student will not participate in general education programs” reads “Not Applicable.” (Id. at 3.) Yet, in an apparent contradiction, the IEP states that N.B. “will attend the Fred S. Keller School for the 2006/07 school year,” and “start in a self-contained classroom.” (Id. at 5.) The IEP added that “[s]hould it be appropriate to move to an integrated classroom, the Committee will hold a meeting and document the change to reflect that recommendation.” (Id.) The IEP never stated that placement in a mainstream classroom would be inappropriate, much less explained why that might be the case. (District. Admin. Ex. 9.) The IEP also provided N.B. with home therapy. The District’s testimony has not explained why the CPSE decided to place N.B. in a self-contained classroom for the 2006-07 school year. In fact, there is even a dispute about whether the CPSE actually decided to place N.B. in a self-contained class for the 2006-07 year. Nancy Teed, who chaired every CPSE meeting regarding N.B. (Tr. 82), testified that Mr. and Mrs. B. agreed to place N.B. in the Keller School, with full knowledge that the class consisted solely of disabled students. (Tr. 87-88, 131-32, 608-23.) Ms. Teed said that Keller was planning on integrating N.B.’s class as soon as it received the necessary state certification. (Tr. 256-57, 335-36.) But, she noted, pursuant to N.B.’s IEP, Keller “was to inform [Teed] if they in fact were ... mov[ing] to a formal integrated classroom.” (Tr. 261.) If that occurred, Ms. Teed would have reconvened the CPSE to determine whether an integrated class was appropriate for N.B. (Tr. 269.) But, the class was not integrated while N.B. was there, at least according to Ms. Teed. (Tr. 261.) Mrs. B. tells a different story. She attended all her daughter’s 2006 CPSE meetings, and testified that the Committee never discussed placing N.B. in a self-contained class. (Tr. 1628-29.) The reason the Committee did not discuss whether it was necessary to place N.B. in a self-contained class, according to Mrs. B., is because it was not. (Tr. 1614.) Instead, Keller was chosen precisely because it was supposed to be integrated a few weeks after N.B. joined the class. (Id.) Mrs. B swore that “I never would put [N.B.] in a self-contained program that was going to be there forever. It was a couple of weeks, that’s what they told me.” (Id.) Mrs. B. stated that both Ms. Teed and Dr. Robin Nuzzolo, the director of the Keller school, understood that it was Mrs. B.’s intent for N.B. to be in an integrated class, and told her that N.B.’s class would be integrated within three weeks of her arrival. (Tr. 516-17, 520.) According to Mrs. B., N.B.’s class at Keller appeared to be integrated in October 2006. (Tr. 517, 545, 1428.) Mrs. B’s account is corroborated by several other witnesses who testified in front of the IHO. Dr. Nuzzolo testified that Keller intended to open an integrated 12:1:2 class (twelve students, one teacher, two teaching assistants) at the Rockland campus in the fall of 2006. (Tr. 617-20.) Because Mr. and Mrs. B. were interested in such a class, Dr. Nuzzolo invited the couple to visit an integrated 12:1:2 class which Keller was already running at its Westchester campus. (Tr. 619-20.) State certification is necessary to run such a class, however, and Keller did not expect to receive it until October or November 2006. (Tr. 618, 645.) Dr. Nuzzolo was charged with making the ultimate determination as to whether a student is an acceptable candidate for one of Keller’s programs. (Tr. 620-21.) Dr. Nuzzolo testified that N.B. was a candidate for the integrated 12:1:2 class, but was placed in the self-contained 6:1:2 class because the state had not yet given Keller the go-ahead on the integrated class. (Tr. 621-23.) Still, Dr. Nuzzolo told the IHO that “[t]he students that [sic] we selected for [N.B.’s] classroom, ... were all going to then be students that would transition into the 12:1:2 once we got that permission from the state to open up that classroom.” (Tr. 622-23.) Indeed, Dr. Nuzzolo and her team selected N.B. for the class “because that was the class that [Keller] had targeted to become an integrated class,” and the team believed it was “appropriate” for N.B. to be in an integrated class. (Tr. 641-42.) Dr. Nuzzolo insisted that this information was “absolutely” relayed to Ms. Teed and Mr. and Mrs. B. (Tr. 623.) As it happened, Keller did not receive the desired certification until October 2007 (over one year after N.B. was placed at Keller). (Tr. 646.) In the meantime, however, N.B.’s class at Keller was effectively integrated. Keller combined four of its non-disabled day care children (including Dr. Nuzzolo’s own daughter) with N.B.’s class of six disabled students, for the entire day save for half an hour. (Tr. 647-48, 659.) This began in the fall of 2006, just as N.B. was starting at Keller. (Tr. 648.) During this time, the typically-developing students were used “as models for children with disabilities,” and all of the children were given the same work. (Tr. 660.) Thus, while the classes were not formally integrated, according to Dr. Nuzzolo, “[i]n reality the kids were together and having a good time.” (Tr. 650.) Other witnesses also testified that N.B.’s class at Keller was effectively integrated. Mindy Rothstein, who taught N.B.’s class at Keller, stated that the class “was considered an integrated setting meaning that we mixed kids with and without disabilities.” (Tr. 665.) Likewise, Dawn Sanchez noted that, when she visited N.B.’s class at Keller, it appeared to be integrated. (Tr. 503.) Ms. Teed’s claim that N.B.’s class was not integrated to her knowledge (Tr. 269) is not only refuted by the above mentioned testimony, it is also undermined by Ms. Teed’s own notes. Ms. Teed observed N.B.’s class on November 20, 2006, and filled out a classroom observation report. (District Admin. Ex. 51.) On the line next to “Class Size,” she wrote “10,” and, at the top of the page, she wrote “Integrated Class.” (Id.) Still, at the hearing, Ms. Teed insisted that the class was not integrated to her knowledge, explaining to the IHO: “I don’t know why I wrote [“integrated”]. I believe it was because that was the class they were trying to push to become integrated.” (Tr. 261-62.) Likewise, Ms. Teed swore that she observed only six students in N.B.’s class, but wrote “10” because N.B.’s class was “moving towards” becoming a ten-student class. (Tr. 268-70, 334-35.) One thing is clear: during N.B.’s four months at Keller (September-December 2006), no one ever complained that N.B. was inappropriately being educated along side typically-developing children — not Ms. Teed, not Dr. Nuzzolo (whose typically-developing daughter was apparently in N.B.’s class), not N.B.’s teacher, Ms. Rothstein, not any of N.B.’s aides, and not N.B.’s parents. In fact, Ms. Rothstein believed that N.B. “learned a lot” while at Keller. (Tr. 738.) While N.B.’s parents were happy that Keller did not keep her totally isolated from typically-developing children, they had other complaints about the Keller school. (Tr. 521-22.) Most significant is Keller’s failure to provide N.B. with a 1:1 aide to accompany her to class, despite the fact that N.B.’s teacher reportedly recommended such an aide. (Tr. 1490.) Ms. Sanchez, who worked with N.B. the entire time she was at Keller and observed N.B.’s class on at least one or two occasions (Tr. 1283-87), testified that this lack of individual attention was harmful to N.B. Ms. Sanchez testified that she watched N.B.’s teachers at Keller ignore N.B.’s crying and hair-pulling for fifteen minutes, apparently because they believed it was an attention-seeking device. (Tr. 411-12, 428-29,1284-86.) An individual aide would not have ignored N.B.’s hair-pulling, Ms. Sanchez asserted, instead he or she would have attempted to figure out its cause (e.g., too much work, not enough movement, etc.). (Tr. 1285-86.) Similarly, Ms. Sanchez observed “free play” time at Keller, in which other students were playing dress-up and “N.B. didn’t seem to really know what to do.” (Tr. 412.) Ms. Sanchez “didn’t see at that time any assistance from an aide or a teacher to kind of support her to be able to engage in what the other kids were doing.” (Id.) Accordingly, Ms. Sanchez did not believe that Keller was an appropriate placement for N.B. (Tr. 1292.) Whatever the reason, N.B. appeared to be very unhappy at Keller. According to both Mrs. B. and Ms. Sanchez, “[N.B.] typically ... loved going to school.” (Tr. 1289-90; Tr. 1480-81.) But, just three weeks after starting at Keller, N.B. began to protest school. (Tr. 1481.) Each morning, when Mrs. B. would take the exit for Keller, N.B. would say “no, no.” (Tr. 1480.) Sometimes, N.B. would refuse to get out of the car in the Keller parking lot. (Tr. 1480-81.) Ms. Sanchez testified that she saw this occur: “I’d meet [N.B. and Mrs. B.] in the [Keller] parking lot and ... I would see [N.B.] come out of the car crying, throwing herself on the floor saying no school.” (Tr. 1289.) According to Mrs. B., this behavior continued until N.B. left Keller in December 2006. (Tr. 1481.) Mrs. B. later explained that, in deciding to pull N.B. out of Keller, “I wasn’t trying to make anybody’s life more difficult, I was just trying to find a program for [N.B.] ... I wanted life to be easy for her ... that’s all.” (Tr. 1486-87.) Ms. Teed provided Mrs. B. with a list of pre-approved schools in the area, but she rejected them because none offered full-day, integrated classes. (Tr. 1697-1700.) So, Mrs. B. searched every school within a sixty-mile radius for one with a full-day integrated program. (Tr. 1699-1700.) Eventually, Mrs. B. found Montclair State University Preschool, which offered N.B. an integrated program with a 1:1 aide. (Tr. 908, 1294, 1487.) Before N.B. could start at Montclair, she had to meet and be evaluated by the school’s occupational therapist, speech therapist, and special education teacher. (Tr. 1488.) The evaluation was necessary because Montclair only accepts disabled students who are “high functioning” and “appropriate” for their desired program, according to Mrs. B. (Tr. 1488-89.) After evaluating her, Montclair accepted N.B. into an integrated class. (Pis.’ Rule 56.1 Statement (“Pis.’ 56.1”) ¶ 38.) Mrs. B. telephoned Ms. Teed on January 10, 2007, to inform her that Mrs. B. removed N.B. from Keller effective January 2, 2007, eight days earlier, and that she intended to enroll N.B. at Montclair by the end of January 2007. (SRO Ex. 9; Tr. 167.) N.B. reportedly flourished at Montclair. Ms. Sanchez observed N.B.’s class occasionally and spoke with N.B.’s teachers from time to time. (Tr. 1293-94, 1297-98, 1299.) She observed N.B., with the help of her 1:1 aide, interacting with the non-disabled children in the class. (Tr. 1294.) With help from the aide, N.B. was “learning a lot,” “learning new words that [Ms. Sanchez] had never heard,” and was better able to engage and communicate with her peers. (Tr. 1299-1300.) N.B.’s 1:1 aide worked with her “the whole time,” and would “modify” the teacher’s lessons for N.B. in order to “keep it at her level.” (Tr. 1295-97.) For example, Ms. Sanchez observed the class when it was learning about pyramids. (Tr. 1296.) N.B.’s aide drew a triangle on a dry erase board and explained to N.B. that this is what a pyramid is, and would break off with N.B. for further explanation when necessary. (Id.) Ms. Sanchez also observed N.B.’s social progress at Montclair. N.B. was reportedly “speaking a lot, and “engaging] with other kids a lot.” (Tr. 1299.) According to Ms. Sanchez, N.B.’s progress at Montclair made it “a lot easier” for Ms. Sanchez to teach N.B. to engage in social interactions outside of school. (Tr. 1299.) Similarly, Mrs. B., who frequently observed N.B. at Montclair (Tr. 1490), noted N.B.’s 1:1 aide’s success in fostering social interactions between N.B. and her peers. (Tr. 1493-95.) N.B. was happy at Montclair, according to her mother, and she stopped screaming “no” when it was time to go to school. (Tr. 1494.) Reports of N.B.’s success at Montclair have not just come from her mother and her special education teacher; N.B.’s progress report, issued by Montclair on May 22, 2007, was also positive. (SRO Ex. 7.) The report noted that, while N.B. still sometimes sucked her thumb and pulled her hair, she “respond[ed] well to the structure of teacher-directed activities.” (Id. at 1.) And, despite still struggling to sit up straight for extended periods of time, N.B. learned to climb, kick, somersault, and ride a tricycle. (Id.) N.B. stopped throwing materials. (Id.) She picked books off the shelf and asked adults to read them to her, and “demonstrate[d] the ability to begin one- to two-step directions.” (Id.) “When she’s not sure what to do, she watches her peers to get the starting idea,” the report stated. For example, “when the children were making wet tissue paper birthday cakes in cups, she watched peers and then imitated their first step (i.e., put paper in the cup).” (Id.) Likewise, “when patting knees/clapping hands was introduce [sic] at the start of a music group, she watched the adult and peers, and initiated the sequence the following week.” (Id. at 2.) Socially, N.B. would “approach[ ] and engage[ ] in activities next to peers, for varying periods of time. She [wouldn’t] avoid or flee peers.” N.B. would “look[ ] at what [her peers did] with materials and (if it look[ed] interesting to her) she [would] tr[y] to imitate their ideas.” (Id.) N.B.’s communication skills improved: “She knows [when] she is being asked a question and that she needs to respond to it.” (Id. at 3.) She would often answer correctly, though she “require[d] visual and contextual support.” (Id.) For example, N.B. “responded] to questions such as ‘who is coming’ (mommy), and “who is at the door’ (she looks at the door and identifies a peer’s mother).” (Id.) “When asked, “what number is that’ [in your hand], she responds correctly, ‘six.’ ” (Id.) “When asked, ‘who moos,’ she responds, ‘cow.’ When asked,’ what color is the train, ’she answers with the appropriate color.” (Id.) At that time, N.B.’s expressive language was at about a two-word level, which she was able to use “to request actions that she wants, i.e., ‘squeeze me,’ ‘push me,’ ‘push swing,’ ‘push chin,’ ‘read book,’ ‘sit knee.’ ” (Id. at 3-4.) On August 7, 2007, the District’s Committee on Special Education (CSE), also chaired by Ms. Teed, met to develop N.B.’s IEP for the 2007-08 school year. (District Admin. Ex. 28.) The '07-'08 IEP noted N.B.’s progress at Montclair, reporting that she had “mastered reading all uppercase and lowercase letters,” was able “to sequence two pictures,” and follow one-step directions. (Id. at 3.) N.B. also “mastered cleaning up two items at a time,” and was “beginning to learn phonics and foundational words.” N.B. then could “sustain[] eye contact more consistently with her teachers and peers during social interactions, but need[ed] prompting at times.” (Id.) N.B. had “learned to work with all of her teachers and sit for the duration of the instruction.” (Id.) Although the IEP repeated the concern that N.B. suffers from “a short attention span, high activity level, distractibility, and limited eye contact,” it noted that she was “improving.” (Id.) Still, the IEP reported that N.B. demonstrates “a mixed sensory reactivity to her environment” and “significant language delays.” (Id.) The IEP recommended that N.B. improve her language skills, social skills, attention span, and eye contract. (Id.) It also repeated the observation of past IEPs that N.B. had “significant delays in speech skills, language skills, motor skills, social skills and attentional skills, which interfere with participation in age appropriate activities.” (Id.) Over the opposition of N.B.’s parents, the CSE recommended N.B. join a self-contained 8:1:2 class (i.e., eight disabled children, one teacher, two assistants). (Id. at 1; Tr. 913.) The IEP explained that N.B. “require[d] special instruction in an environment with a smaller student-to-teacher ratio and minimal distractions in order to progress in achieving the learning standards.” (District Admin. Ex. 28, at 2.) Under the heading “Other Options Considered,” the IEP noted that “[t]he Committee considered a general education setting with support services,” but rejected it “because [N.B.’s] current academic functioning, social needs, physical needs and language processing needs indicates [sic] that a more intensive setting with support is needed to address [N.B.’s] needs.” (Id. at 7.) Asked about the 8/7/07 IEP, Ms. Teed explained that the CSE had set up an appointment for N.B. with officials from the Rockland BOCES program and that the officials informed the CSE that they thought N.B. would be appropriate for their program. (Tr. 909-12.) The Committee rejected N.B.’s parents’ request that she continue in an integrated classroom, Ms. Teed testified, because it felt the BOCES class was “the most appropriate placement to meet [N.B.’s] needs.” (Tr. 914-15.) “As opposed to a fully integrated program,” Ms. Teed continued, “the 8:1:2 [self-contained] program would provide different models of instruction, individualized instruction, [and] opportunities for therapists to work with [N.B.] within her setting.” (Tr. 915.) Ms. Teed later noted that the Committee “definitely” considered the need to deal with N.B.’s distractibility, and determined that in a smaller group setting it would be “more manageable.” (Tr. 936-37.) Ms. Teed then reiterated the Committee’s view that the BOCES program was “the most appropriate program for N ... [d]ue to the small size of the program, the structured parts of that program, [and the] opportunities that program provided for N.B. to learn and grow, [and] meet her needs.” (Tr. 937-38.) Elsewhere in the record, Ms. Teed gave the same explanation of the CSE’s decision to send N.B. to BOCES, insisting that it would “get [N.B.] the attention and support and direction that she required,” and would “accommodate and address N.B.’s needs educationally.” (Tr. 105-07.) The IEP did recommend that N.B. be in a mainstream physical education class, but did not state how often it should be taught. (Tr. 952; District Admin. Ex. 28, at 2.) The IHO also took testimony from Dr. Peter Blechman, assistant principal of Rockland BOCES. Dr. Blechman and his colleagues met with N.B. and her parents for just under an hour in the spring of 2007. (Tr. 819-20.) After that meeting, Dr. Blechman and his team determined that N.B. “seemed to fit the profile” for the BOCES special education class. (Tr. 821.) Dr. Blechman recommended his BOCES program to the CSE for N.B. because he thought it “was the best program for her.” (Tr. 823-24.) Dr. Blechman indicated that he could not recall whether N.B. had been in an integrated classroom before August 2007 (Tr. 831-32), but stated that, even if he had known that N.B. had been successful in an integrated classroom, that would not change his recommendation of a self-contained classroom. (Tr. 832-33.) Dr. Blechman told the IHO that the class which he recommended for N.B. was intended for disabled children who “are able to be in a regular school.” (Tr. 790.) It appears that Dr. Blechman believes that a self-contained class is still better for these children because “we found that just being in a regular school puts pressures on a [disabled] child.” (Id.) Both Ms. Teed and Dr. Blechman emphasized the amount of contact with non-disabled students that N.B. would have had at BOCES. (Tr. 114-16, 119, 368-69.) Non-disabled students would attend the same school as N.B. (Tr. 809), would attend the same assemblies, and have lunch in the same cafeteria. (Tr. 368-69, 817) NJB.’s class would also visit mainstream classes for play time (Tr. 866), and mainstream fourth grade students would visit N.B.’s class to read to the children, (Tr. 369). Still, Dr. Blechman admitted that, in the typical day, N.B. would have only been integrated for lunch. (Tr. 817.) And, the disabled children “eat at their own table,” and “are mostly focused on eating their meal.” (Id.) Dr. Blechman assured the IHO, however, that the disabled children “do hear the sights and sounds of the cafeteria.” (Id.) Despite being aware at least of the fact that N.B. spent the past semester in an integrated class at Montclair, and despite receiving a progress report from Montclair (District Admin. Ex. 76), the CSE did not state why, or even whether, the Montclair placement was inappropriate. Ms. Teed told the IHO that “[t]here weren’t any drastic changes in [N.B.’s] needs,” between the October '06 IEP and the August '07 IEP, and that, in fact, N.B.’s needs remained “very similar.” (Tr. 107.) This confused and frustrated N.B.’s parents. (Tr. 1534.) Mrs. B. explained: “I never understood where [the decision to put N.B. in a self-contained class] came out of, why we were suddenly taking a child who was integrated [and] putting her in a self contained [class].” Mrs. B. continued: “I don’t know why they decided that. It wasn’t like she had any challenging behaviors that changed that we needed to put this child in a self-contained classroom.” (Id.) N.B.’s parents rejected the CSE’s recommendation that N.B. attend BOCES for the 2007-08 school year, instead electing to pay out of their own pockets to keep N.B. in her integrated Montclair class. By December 2007, however, Mr. and Mrs. B. could no longer afford Montclair. (Tr. 1513, 1516.) So, the parents moved N.B. to the Suffern Montessori School, which was more affordable. (Tr. 1516-17.) Montessori offered an integrated classroom containing five to twenty students, depending on the time of day. (Tr. 1517-19.) Mrs. B. hired a teaching assistant to accompany N.B. to Montessori, and fulfill the role that her 1:1 aide played at Montclair. (Id.; Tr. 908.) From observing class and seeing N.B.’s improvement, Mrs. B. was highly satisfied with Montessori. (Tr. 1519-1526.) N.B. “developed some really nice relationships with ... at least three of the kids in the class,” her mother reported. (Tr. 1520.) One little girl would often come up to N.B. and the two would say “hi” and hug. (Tr. 1520.) N.B. also took a liking to twin boys. (Tr. 1521-22.) Mrs. B. saw the boys “riding their tricycles around and [N.B.] ... running after them laughing [and] trying to interact with them.” (Tr. 1521-22.) Such interactions with typically-developing children were important because “N.B. does a lot by watching first,” her mother explained, “she will watch you and most people don’t realize she is taking it all in but she is.” (Tr. 1522.) For example, Mrs. B. saw N.B. watching this little girl playing with “this marble thing, [where] you have to push up the lever and the marble goes down.” N.B. .watched the little girl, and then she did it herself. (Id.) Mrs. B. has observed great improvement in N.B.’s socialization and independence while at Montessori, especially “the socialization skills that she [got] from being with [non-disabled] kids.” (Tr. 1523.) “[Y]ou can’t get that in any other environment,” Mrs. B. asserted. (Id.) Ms. Sanchez also believes that N.B. benefited from Montessori, stressing the utility of the integrated classroom plus 1:1 aide model. (Tr. 1308.) In Ms. Sanchez’s opinion, N.B. was able to function and learn in that environment. (Tr. 450.) In particular, Ms. Sanchez noted that N.B.’s vice of pullinjg out her own hair when frustrated decreased to the point that Sanchez almost forgot that it had ever occurred. (Tr. 1310.) In fact, the day before her testimony, Ms. Sanchez told N.B. “how nice her hair looked” because it was the first time Sanchez has seen N.B. without some hair missing. (Id.) Academically, Ms. Sanchez reported that: “[N.B.’s] writing words, she’s doing math concepts, early graphing, things that the other kids are doing.... [T]he teacher gives [N.B.] the same work she gives the other kids and the assistant works with her and she’s doing it. She’s starting to read, her handwriting has come so far.” (Tr. 1306.) And, socially, Ms. Sanchez noted that N.B. befriended two little girls in particular. (Tr. 1304.) Ms. Sanchez twice saw N.B. walk up to these girls, say “hi” and “friend,” and take them by the arm. (Id.) This type of proactive social interaction was something Ms. Sanchez had “never seen [N.B.] do ever.” (Tr. 1305.) According to Sanchez, these were “huge strides.” (Tr. 1306.) The IHO also heard extensive testimony from Dr. Philip DeFina, a neuropsychologist whose professional credentials are too long to repeat in their entirety. Mr. and Mrs. B. retained Dr. DeFina in November 2007 to evaluate N.B. (Tr. 1089.) He interviewed N.B.’s parents, and did a behavior analysis of N.B. (Tr. 1089.) He then conducted neuropsychological testing on N.B. and ordered a specialized electrical brain mapping study and interpreted the data. (Id.) He has met with N.B. several times since, and has supervised a neurofeedback intervention program for her. (Tr. 1090.) Dr. DeFina told the IHO that the “hallmark feature of [N.B.]’s disability” is difficulty with “social and emotional development,” and that “right now she is at a critical time developmentally with regard to emerging reciprocal social skills and being able to develop appropriate interaction socially.” (Tr. 1110.) Dr. DeFina explained that psychologists stress social skills for autistic children because their “ability ... to learn is directly connected to [their] ability to link to people.” (Tr. 1152.) In fact, N.B. was then “at a critical stage” where she needed “good role models” to “interact with in order to develop appropriate social skills.” (Tr. 1123.) Because “modeling behaviors” she observes is one of N.B.’s strengths (Tr. 1199), Dr. DeFina testified that it is “very critical” to “put her into a program where there are ... neurotypical kids in which [she] can model appropriate social types of interactions,” (Tr. 1110). “In fact,” he continued, “she has been able to do that and most recently she is starting to initiate interactions with her peers.” (Id.) Dr. De-Fina emphasized his support for an integrated program, calling it “paramount based on her diagnosis,” “very important in overall learning,” the “best in [N.B.’s] particular case,” and certainly “appropriate for her.” (Tr. 1152.) For these reasons, Dr. DeFina shared Ms. Sanchez’s and Mrs. B’s esteem for the Montessori program. (Tr. 1147-48.) “If you combine the structure of the Montessori School,” he explained, “with the interactive component of having multiple children, I think that would be more conducive to learning for a child like [N.B.].” (Tr. 1148.) Having “kids without disabilities within that environment for role modeling is I think probably one of the best aspects of the [Montessori] program,” he added. (Tr. 1147-48.) By contrast, Dr. DeFina testified that a self-contained class like BOCES, which only integrates disabled children for lunch, gym, and play-dates, would be inappropriate for N.B. (Tr. 1124-25.) “You would want to maximize her exposure to” typically-developing children, “not minimize it,” he insisted. (Tr. 1125.) Such a program would allow only “minimal interaction for learning.” (Tr. 1205.) On cross-examination, the District challenged Dr. DeFina on the benefits of educating autistic children in integrated classrooms, asking him whether integrated programs are “really only for the social skills”? (Tr. 1203.) Dr. DeFina responded that there is a “whole process of learning” that occurs in “the classroom environment.” (Id.) N.B. “needs to develop eye contact,” the ability “to approach people with the right distance,” and “the right intonation of voice.” (Tr. 1204.) “If you learn how to do something but you can’t apply it with others, you are still not very functional,” Dr. DeFina continued, so “learning within the milieu of your peers is more in line with what [N.B.] needs holistically.” (Tr. 1204.) “I think kids learn from their peers,” he added. (Tr. 1206.) The District’s counsel pounced on this last comment, quipping, “[t]hat’s perhaps true in college,” and asking, “[h]ow about at the kindergarten level?” (Id.) The professor did not back down, explaining that “the things children do in relation to instruction other kids pick up on. The reinforcement that they get for the positive behavior is something that ... is a model for other kids.” (Id.) The District’s counsel also suggested that an integrated environment might be detrimental to a child like N.B. who has a short attention span, asking “wouldn’t putting [N.B.] in an integrated setting with all the noise, all the interactions in a typical kindergarten classroom, wouldn’t that really overwhelm her?” (Tr. 1198.) “The short answer is ‘no,’ ” the doctor responded. (Tr. 1200.) “We can all sort out with the noise a lot of information and sometimes it’s misleading to think that a noisy environment is not therapeutic,” he stated. (Id. at 1199.) Learning “by modeling” is “something that [N.B.] does very well, and having her in an environment where she can be modeling” is “really ... important.” (Id.) Dr. DeFina compared N.B.’s counter-intuitive learning-style to people who “listen to a background radio when they are doing their homework” and are thus “more able to focus.” (Tr. 1132-38.) So it is with N.B.: “When she is confined to a space where there is no sensory input, she actually shuts down or becomes very, very anxious.” (Tr. 1133.) This is not to say that N.B. can succeed in an integrated classroom all by herself. Instead, Dr. DeFina testified that N.B. needed a 1:1 aid to direct her “on a continuous basis.” (Tr. 1127.) “[Y]ou can’t get away with having this done within the context of a classroom situation in which there are one or two aides with a group of kids,” he insisted, “the aide needs to work with her constantly.” (Id.) “Having one consistent relationship with an adult has been demonstrated to be the most efficient way of dealing with kids with severe learning and behavioral needs.” (Tr. 1128.) Therefore, a 1:1 aide “is paramount” and “probably one of the top things on the list.” Id. Likewise, Ms. Sanchez and Mrs. B. also testified that a 1:1 aide has been essential to N.B.’s development. (Tr. 436-37, 440411, 556-58.) B. Procedural History On May 7, 2007, N.B.’s parents filed a due process complaint seeking reimbursement for the cost of sending N.B. to Montclair, and requesting a hearing in front of an impartial hearing officer. (IHO Ex. 1.) The due process complaint noted that N.B. had attended “a neuro-typical preschool” prior to the 2006-07 year, and alleged that “it was agreed by all of the special education professionals present” at the 2006 CPSE meetings, “that NB needed to be in a ‘full day, integrated program.” (Id. at 4-5.) The complaint alleged a number of shortcomings in the Keller program, including that it used the “Applied Behavioral Analysis” (ABA) technique, as opposed to one that focuses more on providing N.B. with “sensory input” (id. at 5-6), that it conducted N.B.’s speech lessons “in the gymnasium in a corner cubicle set up under an enormous heating vent” (id. at 7), and that N.B. was given cookies in violation of her strict sugar-free diet, (id.). The due process complaint alleges that a number of other small requests for individual accommodations were denied. (Id. at 9.) The complaint avers that the District offered to let N.B. leave Keller, but only if she attended a school on a list provided by the District, “none of [which] had a full day integrated program.” (Id. at 8.) The complaint alleges that N.B. “clearly needed” an integrated program and that it was “counter-productive” for N.B. to continue at Keller. (Id. at 9-10.) Thus, N.B.’s parents placed her at Montclair because it was “[t]he only other appropriate school we could identify for NB with a full-day integrated learning program using sensory-based learning.” (Id. at 10.) The complaint concludes with Mrs. B.’s assertion that “NB has a one-on-one teaching assistant who works with her on a daily basis at the Montclaire [sic] school, and as NB’s mother, I have noticed a dramatic improvement.” (Id. at 11.) The complaint’s proposed solution was that N.B. “[c]ontinue [her] program at Montclaire [sic] with tuition reimbursement.” (Id. at 3.) The District’s response justified N.B.’s placement by asserting that N.B. improved at Keller, but still needs to “develop prerequisite skills in order to be able to function in larger group settings.” (IHO Ex. 4.) The District further noted that “other NYS approved preschools were considered and rejected as Mrs. [B.] was unwilling to consider a non-integrated classroom setting.” (Id.) N.B.’s parents sent a second impartial hearing request on November 12, 2007, seeking to amend their first due process complaint to challenge N.B.’s 2007-08 placement as well. This second complaint attacked N.B.’s 2007-08 placement because, inter alia, it “fail[ed] to provide for any mainstraming,” which was inappropriate since N.B. “functions adequately in an integrated classroom environment and models effectively from non-disabled students.” (IHO Ex. 2, at 4.) The second complaint also claimed that N.B. “should be within an integrated classroom,” and that she “requires a one to one aide.” (Id. at 5.) The District’s attorney sent a response on November 26, 2007, in which he asserted that “the CSE does not believe that [N.B.] can function adequately in an integrated classroom environment and effectively model the behavior of non-disabled peers.” (IHO Ex. 5, at 3.) This assessment, Defendant’s counsel insisted, was based on, “but not limited to, the results of standardized assessments and teacher devised tests, [N.B.’s] performance on meeting curriculum standards and IEP goals, teacher input and parent participation.” (Id.) In the winter and spring of 2008, an IHO conducted a six-day administrative hearing regarding the two due process complaints, in which he heard testimony and received evidence. (Decision of IHO Peter G. Albert, June 27, 2008 (“IHO Decision”), at 2.) The IHO found it “signifieant[]” that N.B.’s parents agreed with the CPSE’s recommendation that N.B. attend a self-contained class at Keller for the 2006-07 school year (id. at 4), and imposed on N.B.’s parents “the initial burden of proof to demonstrate, by a preponderance of the record evidence, that the recommendation of the school district was not appropriate.” (Id. at 18-19.) While the IHO laid out the general standards for determining whether a child has been denied a Free Appropriate Public Education (FAPE) under IDEA (id. at 18-20), it only mentioned IDEA’S specific requirement that disabled children be educated with non-disabled children “to the maximum extent appropriate,” 20 U.S.C. § 1412(a)(5)(A), in a footnote late in the opinion. (Id. at 25 n. 10 (concluding that N.B.’s placement at BOCES would have “maximized the amount of mainstream opportunities to the extent appropriate for N”).) The IHO did not cite, much less apply, any legal test for determining whether a child has been mainstreamed to the maximum extent appropriate. After summarizing the testimony, the IHO found that “the record evidence demonstrated that N made academic and social progress while ... at the [Keller] school.” (Id. at 22.) The IHO thus concluded that N.B.’s placement at Keller was appropriate. (Id. at 24.) In the process, the IHO specifically rejected N.B.’s parents’ complaints regarding Keller’s use of the Applied Behavioral Analysis (ABA) methodology. (Id. at 22-23.) The IHO also determined that “[t]he record evidence ... supports the finding that the CSE recommendations for the 2007-2008 school year were appropriate.” (Id. at 24.) The IHO explained that “the amount of individualized instruction provided to each student,” in the BOCES class proposed for N.B., “was significant,” and BOCES “would have provided N with appropriate mainstream opportunities via a ‘reading buddy’ program and a ‘community-based instruction’ program.” (Id. at 25.) In a footnote, the IHO continued; Although the Parents claim that the recommended program at the BOCES North Garnerville school was not appropriate, in part because of its limited mainstream opportunities for N, it is noted that N had been recommended for and had attended self-contained programs for the years immediately preceding the commencement of this case. Moreover, at the time of the CSE meeting in August 2007, N continued to exhibit significant deficiencies in several academic and social areas which could be addressed in a special education setting. Thus, based on the record evidence, I find that the recommended program at BOCES North Garnerville School was in the “lease [sic] restrictive environment” inasmuch as it maximized the amount of mainstream opportunities to the extent appropriate for N. (Id. at 25 n. 10.) The IHO also found that, although N.B.’s “academic progress was more than minimally evident” at the time of the CSE meeting in August 2007, N.B. still “remained in need of special education.” (Id. at 25-26.) The IHO further held that N.B.’s parents did not provide sufficient evidence to show that the Montclair and Montessori programs were appropriate for N.B. (Id. at 27.) The IHO asserted that “the record evidence contained little information, documentation, or other evidence to illustrate the nature or components of the programs.” (Id.) In particular, the IHO stressed that “no individual from either [school] ... testified.” (Id.) The IHO did note that it received N.B.’s June 2007 progress report from Montclair into evidence. (Id. at 27 n. 11.) But, it concluded that this thirty-one page document provided “few details or insight with respect to specifically how educational services were/ are delivered to N, or her actual progress.” (Id.) Finally, because the IHO ruled in favor of the District, it did not reach the question of whether Plaintiffs’ damages should be equitably reduced. (Id. at 27-28.) A State Review Officer (SRO) for the New York State Education Department denied Plaintiffs appeal. (Decision of State Review Officer Paul E. Kelly, Dec. 15. 2008 (“SRO Decision”).) The SRO first noted that the New York Legislature amended the Education Law to place the burden of proof upon the school district in cases in which a parent is seeking tuition reimbursement for a unilateral placement. (Id. at 7 (citing N.Y. Educ. Law § 4404(1)(c).)) But, the SRO ruled that N.B.’s parents retained the burden of proof regarding the appropriateness of the 2006-07 placement because they filed their due process complaint regarding the 2006-07 placement before October 14, 2007, when the amendment to the Education Law took effect. The SRO went on to uphold the IHO’s determination that both of the proposed placements complied with IDEA, and asserted that this ruling would be unchanged no matter which party bore the burden of proof. (Id. at 7-8.) The SRO upheld N.B.’s 2006-07 placement at Keller because N.B. had “many opportunities to participate in activities with nondisabled peers throughout the school day,” and made progress at Keller, and N.B.’s parents did not raise the concern that N.B.’s class at Keller was not integrated “at any time prior to their withdrawal” from Keller, nor “did they indicate such in their May, 7, 2007 due process complaint notice.” (Id. at 11-12.) The SRO also upheld N.B.’s 2007-08 placement at BOCES, asserting that the placement “reflected the results of current standardized testing,” and noting the IEP’s determination that N.B. exhibited “significant delays in her speech-language, motor, social, and attentional skills, which interfered with her participation in age appropriate activities.” (Id. at 15.) The SRO did not cite P. ex rel. Mr. P. v. Newington Bd. of Ed., 546 F.3d 111 (2d Cir.2008), discussed infra, much less apply its test for determining whether a child has been mainstreamed to the maximum extent appropriate. Plaintiffs filed this suit on February 10, 2009. (Dkt. No. 3.) Defendant answered March 16, 2009. (Dkt. No. 4.) Both parties moved for summary judgment on November 16, 2009. (Dkt. Nos. 13-17.) The Court held oral argument on July 8, 2010. (Dkt. No. 18.) II. Discussion A. 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 an IDEA ease. 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 Newington Bd. of Ed., 546 F.3d at 118 (“[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.”); Jennifer D. ex rel. Travis D. v. N.Y.C. Dep’t of Educ., 550 F.Supp.2d 420, 429 n. 10 (S.D.N.Y.2008) (noting that motions for summary judgment in IDEA cases are not “directed to discerning whether there are disputed issues of fact, but rather, whether the administrative record, together with any additional evidence, establishes that there has been compliance with IDEA’S processes and that the child’s educational needs have been appropriately addressed” (internal quotation marks and ellipsis omitted)). Courts reviewing administrative decisions under 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) (quoting 20 U.S.C. § 1415(i)(2)(C)(iii)); see also M.S. ex rel. S.S. v. Bd. of Educ. 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 [cjourt 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., No. 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. Dist., 427 F.3d 186, 191 (2d Cir.2005) (citing BA of Educ. of Hendrick Hudson Cent. Sch. Dist., Westchester Cnty. v. Rowley, 458 U.S. 176, 205-08, 102 S.Ct. 3034, 73 L.Ed.2d 690 (1982)). “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 v. Florida Union Free Sch. Dist., 142 F.3d 119, 129 (2d Cir.1998) (quoting Rowley, 458 U.S. at 206, 208, 102 S.Ct. 3034) (internal quotation marks and brackets omitted); see also Grim, 346 F.3d at 383 (“[I]n violation of Rowley, the District Court impermissibly chose between the views of conflicting experts on a controversial issue of educational policy — effective methods of educating dyslexic students— in direct contradiction of the opinions of state administrative officers who had heard the same evidence.”). Thus, 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). “For a federal court to conduct an independent review of a challenged IEP without impermissibly meddling in state educational methodology, it must examine the record for any objective evidence” indicating that the defendant has violated the statute. Walczak, 142 F.3d at 130 (internal citations and quotation marks omitted). Thus, when a Court reviews the administrative record for objective evidence that a school district violated IDEA’S “mainstreaming” requirement, it does not impose its own views of proper educational policy, rather, it enforces Congress’s. See Oberli, 995 F.2d at 1214 (“[T]he [IDEA] specifically ‘requires participating States to educate handicapped children with nonhandicapped children whenever possible.’ It is our duty to enforce that statutory requirement.” (quoting Rowley, 458 U.S. at 202, 102 S.Ct. 3034) (internal citations omitted)); Polk v. Cent. Susquehanna Intermediate Unit 16, 853 F.2d 171, 184 (3d Cir.1988) (“We do not read the Supreme Court’s salutary warnings against interference with educational methodology as an invitation to abdicate our obligation to enforce the statutory provisions [of IDEA].”); Lachman v. Ill. State Bd. of Educ., 852 F.2d 290, 294 (7th Cir. 1988) (noting that, while the Supreme Court has held that “ ‘once a court determines that the requirements of the [IDEA] have been met, questions of methodology are for resolution by the State,’ ” IDEA’S “mainstreaming preference ... is one of the ‘requirements of the Act’ ” (quoting Rowley, 458 U.S. at 208, 102 S.Ct. 3034)); Jennifer D., 550 F.Supp.2d at 430 n. 11 (“ ‘[T]he question is not one of methodology but rather involves a determination of whether the school district has satisfied the [IDEA’s] requirement that handicapped children be educated alongside non-handicapped children to the maximum extent appropriate.’ ” (quoting Roncker v. Walter, 700 F.2d 1058, 1062 (6th Cir.1983) (internal ellipsis omitted))); cf. Warton v. New Fairfield Bd. of Educ., 217 F.Supp.2d 261, 278 (D.Conn.2002) (overturning an IHO’s ruling because “the School Board failed to rebut the presumption of an appropriate mainstream placement”). Courts are particularly unlikely to defer to administrative rulings that fail to thoroughly address IDEA’S mainstreaming requirement. See Oberti 995 F.2d at 1221 (“[T]he district court did not fail to give ‘due weight’ to the agency proceedings on this issue since the ALJ did not even consider whether the School District had made efforts to include [the disabled child] in a regular classroom with supplementary aids and services, as is required by IDEA.”); Jennifer D., 550 F.Supp.2d at 432 (“[T]he SRO’s decision does not enumerate the relevant factors or engage in an analysis of whether the IEP provided for a placement in the least restrictive environment. Because the SRO did not make any findings on this issue, the decision of the SRO is not entitled to deference .... ”); Warton, 217 F.Supp.2d at 274-276 & n. 3 (declining to defer to the IHO, in part, because the IHO found general education inappropriate “without articulating review of the Oberti factors” and without “specifically addressing] the comparison of educational benefits” between general and special education). B. Analysis IDEA “represents an ambitious federal effort to promote the education of handicapped children.” Rowley, 458 U.S. at 179, 102 S.Ct. 3034. The statute provides federal assistance for education of children with disabilities and requires that states receiving such assistance provide disabled students with a “free appropriate public education” (“FAPE”) in the “[l]east restrictive environment” (“LRE”), 20 U.S.C. § 1412(a)(1)(A), (5), and devise an IEP for each disabled student, Rowley, 458 U.S. at 181-82, 102 S.Ct. 3034. The IEP is crafted and revised by a team consisting of the child’s parents, the child’s regular-classroom teacher, a special-education teacher, a representative of the local educational agency, and other individuals with knowledge of the child. See 20 U.S.C. § 1414(d)(1)(B). The IEP must include a statement of the child’s present level of academic and functional performance, measurable annual goals, special-education and supplemental services, and any program modifications for the child, along with an explanation of the extent to which the child will not participate with non-disabled children in regular classes and activities, a projected date for the beginning of any special supplementary services or modifications, and the anticipated frequency, location, and duration of such services and modifications. See id. § 1414(d)(1)(A)(I). In developing the IEP, the team must consider the child’s strengths, the concerns of the parents, the results of the most recent evaluation of the child, and the academic, developmental, and functional needs of the child, along with other “special factors” particular to children with certain needs. See id. §§ 1414(d)(3)(A), (B). The local educational agency must ensure that the IEP is reviewed periodically, no less than annually, “to determine whether the annual goals for the child are being achieved,” and to revise the IEP as needed based on the child’s progress and anticipated needs. See id. § 1414(d)(4)(A). A child’s parents must be notified of any change in a child’s educational program, see id. § 1415(b)(3), and if a child’s parents are dissatisfied with an IEP, they may file a complaint with the state’s educational agency. See id. § 1415(b)(6). Such complaints are resolved at an “[[Impartial due process hearing,” id. § 1415(f), and any party aggrieved by the outcome may appeal to a state or federal court, id. § 1415(i)(2)(A), which will then “fashion appropriate relief based on its assessment of a preponderance of the evidence developed at the administrative proceedings and any further evidence presented by the parties,” Walczak, 142 F.3d at 122-23. N.B.’s parents seek tuition reimbursement from the District on the baseline premise that NJB.’s 2006-07, and 2007-08 IEPs denied her a FAPE by, inter alia, failing to educate her along side non-disabled children “[t]o the maximum extent appropriate.” 20 U.S.C. § 1412(a)(5)(A). Just last year, the Supreme Court reaffirmed that IDEA permits parents to seek reimbursement for the private placement of a child who was not offered a FAPE. See Forest Grove Sch. Dist. v. T.A., — 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, inter alia, 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). Although the burden of proof under IDEA generally rests with the party seeking the impartial hearing, see Schaffer, 546 U.S. at 62, 126 S.Ct. 528, the New York Education Law has been amended so that the school district bears the burden of showing that the IEP was appropriate, while parents seeking tuition reimbursement retain the burden of showing that the private placement was appropriate. See N.Y. Educ. Law § 4404(1)(e); 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.... ”). 1. Whether the District’s Placements of N.B. were Appropriate The IDEA requires that, To the maximum extent appropriate, children with disabilities, ... are educated with children who are not disabled, and special classes, separate schooling, or other removal of children with disabilities from the regular educational environment occurs only when the nature or severity of the disability of a child is such that education in regular classes with the use of supplementary aids and services cannot be achieved satisfactorily. 20 U.S.C. § 1412(a)(5)(A). In enacting the IDEA, “Congress was concerned about the apparently widespread practice of relegating handicapped children to private institutions or warehousing them in special classes.” Sch. Comm. of Town of Burlington v. Dep’t of Educ. of Mass., 471 U.S. 359, 373, 105 S.Ct. 1996, 85 L.Ed.2d 385 (1985); see also Erin Phillips, Note, When Parents Aren’t Enough: External Advocacy in Special Education, 117 Yale L.J. 1802, 1811 (2008) (noting that, before IDEA, disabled students “were separated from the general student population in special education or ‘health conservation’ classes, which were often located in basements or boiler rooms,” and that “[s]ehool officials regarded special education as day care”). Accordingly, “[i]n formulating an appropriate IEP, the CSE must ... be mindful of IDEA’S strong preference for ‘mainstreaming,’ or educating children with disabilitie