Full opinion text
OPINION AND ORDER KENNETH M. KARAS, District Judge: Plaintiffs, J.S. and A.G. (“Parents” or “Plaintiffs”), are the parents of J.G., a student who, through January 2008, attended the public schools run by Defendant, the Scarsdale Union Free School District (“Defendant” or the “District”). This case is an appeal and cross-appeal, brought pursuant to the Individuals with Disabilities Education Act (“IDEA”), 20 U.S.C. § 1400 et seq., of an August 19, 2009 decision of a State Review Officer (“SRO”) denying Plaintiffs’ petition for tuition reimbursement for the period of April 4, 2008 through June 30, 2009. The Parents’ claim was heard by an Impartial Hearing Officer (“IHO”) who conducted a four-day due process hearing (“the hearing”). Both the IHO and SRO concluded, based on the record developed before the IHO, that while the District failed to provide J.G. with a free appropriate public education (“FAPE”) and the Parents’ unilaterally chosen private placement was appropriate, equitable factors barred an award of tuition reimbursement to the Parents. The Parents challenge this determination, while the District’s cross-appeal seeks reversal of the findings that it denied J.G. a FAPE and that the Parents’ private placement was appropriate. Both Parties have moved for summary judgment. For the reasons stated herein, Plaintiffs’ motion for summary judgment is granted in part and denied in part, and Defendant’s motion for summary judgment is denied. I. Background The Court has reviewed the full contents of the Administrative Record provided by the Parties. The following facts are drawn from the Parties’ Local Rule 56.1 statements, transcripts of the testimony heard by the IHO, and exhibits introduced at the hearing. Although the Parents’ claim for tuition reimbursement covers only the costs of J.G.’s private placement from April 4, 2008 through June 30, 2009 (Compl. ¶ 53(e)), a full discussion of J.G.’s educational history prior to the 2007-2008 school year is necessary. A. The 2005-2006 School Year: J.G.’s Freshman Year at Scarsdale High School J.G., now twenty years old, attended the Scarsdale public schools from kindergarten through January of her eleventh grade year, in the 2007-2008 school year. (Transcript of Due Process Hearing (“Tr.”) 697 (testimony of A.G., J.G.’s father).) In 2005, J.G. entered Searsdale High School. (Def.’s Statement of Undisputed Facts Pursuant to L.R. 56.1 (“Def.’s 56.1”) ¶ 14; District Exhibit (“DX”) 32.) Up until high school, J.G. had generally excelled academically (and indeed appeared somewhat more advanced than some of her peers), and, according to information provided by the Parents, J.G. had presented no major problems in her educational or social development. (DX 8, at 1 (Educational History of J.G. dated Apr. 13, 2008); DX 11, at 2 (Neuropsychological Evaluation of J.G. by Fern Leventhal, Ph. D.); Parents’ Exhibit (“PX”) C, at 9 (Application for Admission to Montana Academy dated Feb. 16, 2008).) On paper, J.G. did fairly well academically during her freshman year at Searsdale, earning an A-grade in Art, B+ grades in English, World History, and Biology, a B in Physical Education, and B-grades in Honors Math and Latin. (DX 16 (Searsdale Senior High School Transcript generated Mar. 11, 2008).) At the end of the year, J.G. earned a 93 on the Living Environment Regents Exam. (Id.) Below the surface, however, J.G. began to have difficulties in school in her freshman year. J.G. began Searsdale High School with an ambitious schedule, having “insisted,” against her Parents’ wishes, on taking Latin as well as Honors Spanish, and having switched from “Advanced” to Honors Math approximately one month into the school year. (Tr. 702-03 (testimony of A.G.).) According to A.G., J.G. quickly became overwhelmed by the work and “struggled” through the year, but she did “hold[ ] her own.” (Id. at 704-05.) J.G. had no trouble getting to school on time that year. (Id. at 709.) J.G. also displayed some signs of emotional difficulties during her freshman year. In the spring of that year, J.G., who had played softball through the eighth grade, tried out for the junior varsity softball team, but was rejected. (Id. at 705.) J.G. was “devastated” and told her Parents that she “wanted to kill herself.” (Id.) The next day, J.G. said that her comment was an overreaction. (Id.) Nonetheless, A.G. called the head of the athletic department and informed him of J.G.’s comments, and J.G. was subsequently let on the team, along with all the other students who had tried out but not made the team. (Id. at 707.) A.G. also referred at the hearing to J.G. seeing “someone at the school” following this episode, but the hearing record is unclear on this point. (Id. at 705-07.) B. The 2006-2007 School Year: J.G.’s Sophomore Year at Searsdale Alternative School At the encouragement of her parents, J.G. applied to the Searsdale Alternative School (referred to by all participants at the hearing as the “A School”) towards the end of her freshman year. (Tr. 707-09.) Howard Rodstein, the Director of the A School at the relevant time, testified for the District at the hearing. (Id. at 266-67 (testimony of Howard Rodstein).) As he explained, the A School is essentially a school within a school — an 85-student “community sehool[]” focused on leadership and character development. (Id. at 272-73; DX 31, at 1-2 (J.G.’s Sophomore Transcript, including two-page “Profile” of the A School).) Classes are generally smaller at the A School and the relationship between students and teachers is less formal than at the main Scarsdale High School, from which the students at the A School are drawn. The A School offers separate courses from the main high school in several academic subjects, with students taking the remainder of their academic program at the main high school and participating in extracurricular activities there. (Tr. 273; DX 31, at 1.) According to Rodstein, academics at the A School involve more “independent work” than is required at the main high school. (Tr. 275.) Students are assessed by written evaluations rather than letter grades. (Tr. 24 (testimony of Michael Mendelson, Dir. of Spec. Educ., Scarsdale Union Free Sch. Dist.); 276-77 (Rodstein).) Each A School student has an advisor (a member of the staff) and meets individually with that ad-visor every few weeks. (Id. at 277-78 (Rodstein).) Each A School student also completes an internship in January of each year. (Id. at 273; DX 31, at 2.) The A School holds weekly “community meetings,” at which all members of the School (students and staff) discuss “issues of concern to the community” led by teams of students. (Tr. 274-75.) Admission to the A School is by lottery, but because the school and mandatory internship require a certain level of maturity, applicants who “don’t have a sufficient history of responsibility” or “a certain level of maturity and autonomy” are screened out. (Tr. 273-74.) Apart from that, however, students at the A School are self-selected from the larger Scarsdale High School population. (DX 31, at 1.) The A School is not, and is not designed to be, a special education program. (Id.; Tr. 25 (Mendelson); 272 (Rodstein).) J.G. began her sophomore year as “one of [the A School’s] strongest academic students in terms of her performance .... ” (Tr. 279 (Rodstein).) Both Rodstein, who was J.G.’s advisor during her sophomore year and her English teacher, and Jennifer Maxwell, the A School History teacher, testified before the IHO that J.G.’s participation, reading, and writing skills were consistently high. (Tr. 279-80 (Rodstein); 431-32 (Maxwell).) Rodstein testified that J.G.’s work became more “sporadic” during the second quarter of the year in that J.G. turned in assignments less consistently and some of her work was “less focused.” (Id. at 280.) Similarly, Maxwell testified that J.G. “went through a period when she was having trouble completing assignments and got off track for awhile.” (Id. at 428.) A.G. confirmed that J.G.’s performance was “like a sine curve,” going “up and down,” and that J.G. had a harder time keeping up as the work got more difficult. (Id. at 725-26.) Both Rodstein and Maxwell agreed, however, that J.G. bounced back academically by spring. (Id. at 280, 284 (Rodstein); 428 (Maxwell).) Indeed, Maxwell recommended J.G. for the “Advanced Topics” course in history at the end of the year. (Id. at 432.) Getting into that course required J.G. to take a qualifying exam in January of her sophomore year and collect recommendations from previous teachers. (Id. at 335 (Rod-stein); 433 (Maxwell).) This variable performance is generally not reflected in J.G.’s year-end grades and evaluations, as the narrative comments of J.G.’s teachers are by-and-large positive and do not mention periods of late or missed work. (DX 31, at 5-7 (teacher evaluations in Chemistry, History, and English).) J.G. scored a 97 on the Global History Regents Exam and earned an “honors designation” in English by reading and writing about two extra novels. (Id. at 6-7.) As for the classes J.G. took in the main high school, J.G. received B + ’s in “Advanced Mathematics,” Physical Education, and Art, and a Bin Latin. (DX 31, at TOC; DX 32 (Scarsdale High School sophomore transcript).) Her last two test scores in Math were 94 and 100. (DX 31, at 3.) J.G. interned at a local bakery in January 2007, where she received rave reviews from her supervisor. (Id. at 10-13.) J.G. herself wrote in a self-evaluation that the internship raised her “confidence and self-esteem ... tremendously.” (Id. at 10.) The one indication on paper, in this generally good set of academic results, that J.G. was experiencing difficulties was J.G.’s Health evaluation, in which J.G.’s teacher wrote that she was “informed” that there were “some personal issues that [J.G.] was working through,” and speculated that these “issues” lowered the quality of J.G.’s work. J.G.’s efforts were inconsistent, said the Health teacher, and J.G. sometimes lacked motivation and “left gaps” in assignments. (DX 31, at 8.) Behind the paper record, J.G.’s sophomore year was when these “personal issues” began to manifest themselves. After the first few weeks of school, during which, according to A.G., J.G. “loved” the A School and appeared to be doing well, J.G. began to get more “irritable” and “sullen” and began having “little temper tantrums.” (Tr. 711-12.) Early in the school year, J.G. failed to make the school tennis team, and J.G.’s mother, J.S., was out of town on business for several weeks, an experience the family had not had before. (Id. at 710.) One day in October, when J.S. was not present, A.G. caught J.G. cutting school. (Id. at 712-13, 717.) Two days later, A.G. arrived home and J.G. was “groggy.” (Id. at 714-15.) After sleeping much of the next two days, a weekend, J.G. admitted to A.G. that she had taken a large amount of Tylenol, in her words (as reported by A.G.) “because I wanted to kill myself.” (Id. at 716.) J.S. had returned home that weekend, and the Parents immediately contacted their pediatrician, who referred them to Dr. Eileen Rabinowitz, a psychiatrist. (Id. at 717.) Dr. Rabinowitz recommended that J.G. not be left alone at home, but that she should continue to attend school. (Id. at 717.) J.G. began “psychopharmacologieal treatment” with Dr. Rabinowitz, and the family began participating in “[flamily [tjherapy.” (DX 11, at 3 (Neuropsychological Evaluation by Fern Leventhal, Ph.D).) After this incident, the Parents informed Rodstein that J.G. had tried to kill herself. (Id. at 302 (Rodstein), 718 (A.G.).) A.G. testified that J.S. also informed J.G.’s teachers that J.G. was “fragile.” (Id. at 719; DX 8, at 2 (Educational History dated Apr. 13, 2008).) Soon after, J.G. began a course of therapy supervised by Dr. Rabinowitz and began taking medications. (Tr. 720-21.) During this time, according to A.G., J.G.’s “ability to function in class ... sort of kind of tumbled,” but she was “still doing [her work]” and “still participating.” (Id. at 721.) Rodstein, who met periodically with J.G. as her advisor, testified that J.G. became “less sure of herself’ as her performance fluctuated. (Id. at 285 (Rodstein).) Rod-stein had regular phone and e-mail conversations with the Parents, and knew that J.G. had difficulty “getting to school” certain days. (Id. at 286.) According to Rod-stein, both the Parents and J.G. felt she was not performing to her full potential, (id. at 302), and J.G. “vacillated” in advisor meetings between feeling that she faced a “serious problem” in her life and school performance, and feeling that everything was “going to be fine” and that she would work things out on her own, (id. at 304). In Rodstein’s view, J.G.’s behavior was not an unusual pattern for “kids who go through very difficult times.” (Id. at 305; see also id. at 287 (stating that J.G. was acting “in the way that many teenagers wrestle with issues, difficulties, the expression of those difficulties”).) Rodstein confirmed that J.G.’s internship was very successful and that J.G. caught up on work during January 2007. (Id. at 306.) By the spring, it appeared to the A School staff that J.G. had “pull[ed] herself out” of her difficulties. (Id.; see also id. at 287-88 (stating that Rodstein felt that J.G. was “regaining her position”).) According to an evaluation of J.G. completed in late 2007 and early 2008, J.G.’s therapy and medications also produced “[s]ome improvement in mood and weight loss” soon after they began. (DX 11, at 3.) A.G. also testified that there were a number of days after the Tylenol episode when J.G. “would not get out of bed in the morning.” (Tr. 733 (A.G.).) Because neither A.G. nor J.S. could stay at home to force J.G. to leave, A.G. said, there were days on which he called Rodstein and informed him that J.G. would not be coming to school. (Id. at 733-34.) There were other days on which J.G. would “get to school late.” (Id. at 734.) Rodstein confirmed that J.G. had “issues about getting to school on time.” (Id. at 302.) The record does not reflect how often these “issues” manifested themselves during the 2006-2007 school year. On one occasion in the spring of 2007, a conversation took place between one of the Scarsdale District psychologists, Dr. Collabolletta, and one of the Parents. What happened is somewhat unclear: in his testimony, A.G. stated that he talked to Collabolletta. A.G. mentioned that he was concerned about J.G. and was “wondering whether she could be tested and educationally tested.” (Tr. 728.) Collabolletta responded a week later, reportedly (according to A.G.) stating that, “because she [J.G.] is averaging about a B minus average and she is going to be a junior next year, [Collabolletta] [did not] see the point in doing testing.” (Id. at 729.) A.G. testified that he did not know that he could simply have asked to have his daughter tested, and the District would have been required to do it. (Id. at 729-30.) However, an “Educational History,” dated April 13, 2008, was prepared after J.G. had been referred to the District’s Committee on Special Education (“CSE”), based on an interview with J.S. and information given directly by J.S. (Id. at 59 (Mendelson).) The Educational History states that “I”— presumably meaning A.G. not J.S. — “had a conversation” with Collabolletta in which “I asked Dr. Collabolletta to have her tested to see if she might benefit from being classified.” Dr. Collabolletta’s response was that J.G.’s academic average and “the fact that she would be in the 11th grade next year” meant that “the testing was irrelevant and in his opinion unnecessary.” (DX 8, at 2.) In her own self-evaluation of her sophomore year, J.G. wrote that her “personal issues” had “nearly overwhelmed” her, but that she was “proud of how [she] dealt with [her] problems and learned so much both academically and personally.” (DX 31, at 3.) She wrote that her therapy had been successful and she was able to improve her grades substantially during her second semester. (Id.) J.G.’s confidence also improved, and she participated more at the A School’s community meeting. (Id. at 4.) Based on the “insight into who [she] [was] as a student” that she had gained her first year at the A School, J.G. “intend[ed] to excel” the following year and become more active in the school community. (Id.) A.G.’s description of how J.G. ended her sophomore year was somewhat less positive. He testified that the family was undergoing “group therapy” by that point. (Tr. 731.) J.G. dropped out of the softball team and, according to A.G., “began binge eating” and “totally cut herself off from her friends.” (Id.) J.G. ended the year “being more withdrawn and isolated.” (Id.) Over the summer, J.G. took drawing classes in Manhattan, commuting there with her mother, and stayed, as A.G. described it, in a “sort of a holding pattern.” (Id. at 731-32) A.G. testified that the Parents remained concerned about J.G. at the beginning of the next school year. (Id. at 732.) C. The 2007-2008 School Year: J.G.’s Junior Year at Scarsdale Alternative School J.G. began her junior year in strong fashion academically, and it appeared to the A School staff that J.G. saw herself as “stronger emotionally than she had been” and “hopeful” at the start of the year. (Tr. 307-08; see also id. at 311-12 (Rod-stein); DX 37 (American Studies First Semester Cumulative Evaluation) (stating that J.G. “started out the year strong” and had grades “among the best in the class” on certain tests and assignments).) By October, however, J.G. began to struggle. (Tr. 732, 734 (A.G.).) J.S. sent an email to Rodstein on October 14, 2007, indicating that J.G. was “extraordinarily anxious and Latin averse,” and notifying him that J.G. was about to drop her Latin class. (DX 34. ) By mid-to late-October, J.G.’s American Studies teachers also began to notice that J.G. was “again experiencing some difficulties.” (Tr. 314 (Rodstein).) A meeting was held in mid-October with the Parents, J.G., and Rodstein, the result of which was that J.G. dropped Latin. J.G. stated at the meeting that she was concerned about Latin rather than her overall performance, and there had been indications earlier that she had a difficult relationship with the Latin teacher. (Tr. 315-16, 319-20; DX 34, 35 (Email from J.S. to Rodstein (Oct. 23, 2007)).) A week later, J.S. reported to Rodstein that J.G. continued to have difficulties completing (and, it appears, starting) her assignments, and that she had cut her Physics class. (DX 35. ) At the hearing, Rodstein and Maxwell gave slightly different takes on the A School’s reaction. Rodstein testified that the A School staff saw J.G. as “more self aware” than she had been the previous year, and he felt that J.G. was “more articulate” and “more engaged.” (Tr. 322-23.) But, at the same time, J.G. at times “felt paralyzed ... about handing in work.” (Id. at 322.) Rodstein appears to have been concerned, and he asked the A School staff to report any strange behavior on her part. (Id. at 438 (Maxwell).) Maxwell noted that the workload gets more difficult for all students during their junior year at the A School, and that, while J.G. did fall behind in the second quarter of the semester in American Studies, “she was one of a number of kids who were having that problem, five or six....” (Id. at 436.) Maxwell said that the A School staff was split on their assessment of J.G., some feeling “she [was] just fine” and not seeing “any evidence of anything,” with others “who were a bit more concerned about her.” (Id. at 444.) Maxwell, who taught J.G. in two classes, did not report thinking that J.G. displayed any unusual behavior during the semester. (Id. at 439, 444 (“I don’t remember personally thinking there was any particular worry about [J.G.]”), 445 (“I didn’t see anything that I thought was indicative of any serious issues with [J.G.]”).) J.G. took a trip to Massachusetts in mid-October with Maxwell and the other students in her Advanced Topics history course, during which J.G. was “friendly with the other kids,” “really excited,” and “had a great time.” (Id. at 437.) The only unusual thing Maxwell noticed was that J.G. “slept the whole drive back,” but she noted that the “kids were up fairly late.” (Id.) In early November 2007, after being selected by the A School staff, J.G. attended a several-day conference for the Coalition for Essential Schools in Denver, Colorado along with five other students. (Def.’s 56.1 ¶¶ 62-63; Tr. 308, 328 (Rodstein); 439 (Maxwell).) The Parents used attending the conference as an incentive for J.G. to get caught up on her work before she left. (DX 36 (email from J.S. to Rodstein (Oct. 28, 2007)).) This apparently worked, as J.G. did catch up on some assignments before traveling. (Tr. 326-27 (Rodstein).) At the conference, J.G. participated articulately in workshops and presentations, including one conducted by the A School team, and she was friendly with her peers. (Id. at 439 (Maxwell).) J.G. appears to have enjoyed the experience and cogently presented about it at the A School’s community meeting. (Id. at 328-29 (Rod-stein).) Soon after the conference, however, Rodstein reported that “the pattern” that had been observed the previous year “recurred” (Id. at 329); J.G. began falling behind in her assignments again and her performance became weaker in some subjects. (Id. at 329-30.) Emotionally, according to Rodstein, she became “more and more negative” and “less talkative” and more “shut down” in their advisoradvisee conversations, and she appeared “sad” and on some occasions became “tearful.” (Id. at 330.) Crying, Rodstein said, was “not outside the norm” among his female advisees, however, as A School students were, in his experience, “remarkably open about very intense feelings.” (Id. at 346-47.) A.G. agreed that J.G.’s performance again became “up and down.” (Id. at 741 (A.G.).) J.G. was able, however, to complete “the most difficult assignment” in the American Studies program, a major research paper. (Tr. 329 (Rodstein); see also id. at 436 (Maxwell) (describing the assignment).) Maxwell testified that she began to worry about J.G. academically by mid-November, and stated that J.G. was falling behind in her assignments during this period. (Id. at 436; see also PX H-J (emails between Maxwell and J.S. about a late paper for American Studies dated Nov. 21, 26, and Dec. 3, 2007).) Again, however, Maxwell noted that this was not unusual for A School students, as the second quarter workload in American Studies, which included the research paper, was “really difficult for many students” and that J.G. was “one of a number of kids who were having ... problem[s]” keeping up with assignments. (Id.) J.G. remained up to date in her Advanced Topics history course, also taught by Maxwell. (PX J.) As the semester went on, J.G.’s academic performance remained variable and inconsistent. Her cumulative semester evaluation for American Studies indicated that she had kept up with much of her English work, but that some papers were “thinly developed or never came in.” (DX 37 (American Studies Cumulative Evaluation, dated Jan. 21, 2008).) J.G. also stopped doing “daily homework” for the Social Studies side of the course. (Id.) Rodstein also testified that there was a “distinct disparity” in J.G.’s work effort across subjects as the fall progressed; this was discussed at the A School staff meetings. (Tr. 362.) Still, “a substantial amount of work was coming in.” (Id. at 360.) D. The Winter of 2007-2008: J.G. Withdraws from the District Schools By December 2007, according to A.G., J.G. was “not functioning well” and “having a very hard time getting out of bed to go to school. Every day was a battle.” (Tr. 750 (A.G.).) Rodstein testified that J.G.’s inability to get out of bed was a “relatively minor occurrence in October” but that it became “more profound in November.” (Id. at 350 (Rodstein).) J.G. was again binge eating during this period, and A.G. would discover her “watching TV instead of doing her homework” when he came home. (Id. at 752-53 (A.G.).) J.G. was attending therapy, but otherwise was not socializing with other students, and she told the Parents that she wanted to drop out of school. (Id at 750.) After consulting Dr. Rabinowitz in November 2007, the Parents decided to have J.G. “tested” for “some kind of learning disorder,” because they felt that J.G.’s therapy was not working. (Id at 751.) Dr. Rabinowitz recommended Dr. Fern Leventhal, a clinical neuropsychologist with whom A.G. was familiar from his professional life. (Id at 638, 751.) Dr. Leventhal testified at the hearing. (Id at 634-35.) She evaluated J.G. in November and December 2007 and produced a report in early 2008. (Id. at 642.) When J.G. first came to Dr. Leventhal, J.G. was having a hard time getting out of bed in the morning, and “complaining about organizational issues[,] about getting her work done, [and] about not being motivated to do it,” and she was “concerned about her performance.” (Id. at 644.) Dr. Leventhal performed various educational tests and reviewed checklists filled out by her teachers. (Id at 645-46; 650-52.) These checklists, which are also in the record, were filled out by Rodstein and Maxwell in late November 2007. (Tr. 332-33, 446, 647; DX 30.) Rodstein, whose responses on the checklist were based on his own interactions with J.G. and contacts he had with J.G.’s other teachers (id. at 332-34), indicated that J.G. was performing “at” or “somewhat above” grade level in each of her classes, that her behavior was “much more” appropriate than the average student’s, and that she was “intellectually curious, creative, sensitive, reflective[,] self-aware [and] funny.” (DX 30, at 1-2.) But, he also reported that J.G.’s work effort “varie[d] considerably,” that she was “somewhat less” happy than a typical student, and that she “gets stuck [and] then she sometimes becomes immobilized.” (Id. at 2.) Rodstein also wrote that “[J.G.] is clinically depressed” (id.); this information he got from J.G.’s own year-end sophomore year self-evaluation, in which she said that she had been “diagnosed with clinical depression and an anxiety disorder” that year. (Tr. 337; DX 31, at 3.) On her checklist, Maxwell agreed that J.G. was performing at or above grade level in her social studies classes, and noted that J.G. had “lively curiosity ... high intelligence^] ... [and] a good sense of humor.” (DX 38, at 1-2.) But, J.G. “sometimes [had] difficulty focusing on and completing assignments,” sometimes had “mood swings,” and “gets overwhelmed by work.” (Id. at 2.) Maxwell stated that J.G. was “on medication for depression,” something Maxwell testified she had learned either from Rodstein or from J.G. herself. (Id.; Tr. 449 (Maxwell).) The report Dr. Leventhal produced following her analysis of J.G. identified a constellation of emotional difficulties that together were “clearly indicative of a Dysthymic Disorder” (DX 11, at 11) — an “affective or mood disorder which is prolonged, a level of depression that is extended over a year’s time in which an individual has feelings of hopelessness” (Tr. 659 (Leventhal).) The continuous nature of J.G.’s symptoms meant that for Dr. Leventhal, even if J.G. had periods of increased “hopefulness],” she still had a dysthymic disorder. (Id. at 679-80.) In making this diagnosis, Dr. Leventhal was unaware of the school trips J.G. had taken in October 2007, and testified that it would be “a little bit surprising” to her if J.G. had been “totally interactive and going out late with kids and so forth” during those episodes. (Id. at 673.) Dr. Leventhal distinguished J.G.’s dysthymic condition from “major depression,” which J.G. did not have, in her opinion. (Id. at 682; but see id. at 649 (agreeing that J.G. “presented with a depressed mood”).) The emotional problems Dr. Leventhal identified included extreme perfectionism, high levels of anxiety, “weak coping capacities,” very low self-esteem and self-image, body issues, avoidant behavior, and a generally “sad mood.” (DX 11, at 3, 8-11.) On cognitive tests, J.G. generally did very well, and Dr. Leventhal testified that J.G. did not have any sort of learning disability or problem. (Tr. 653.) However, J.G.’s emotional problems made it difficult for her to function. (DX 11, at 10.) The Parents met with Dr. Leventhal on January 1, 2008, a meeting at which Dr. Leventhal, according to A.G., “scared the life out of us [the Parents].” (Tr. 755.) In Dr. Leventhal’s view, an immediate intervention was necessary in order to “disrupt [J.G.’s] recent academic and emotional decline.” (DX 11, at 14.) As A.G. put it, “[Dr. Leventhal] felt that we had to get [J.G.] ... out of Scarsdale, out of high school because of her concern that she was going to kill herself.” (Tr. 754.) Otherwise, J.G. would likely drop out of school entirely, or else muddle through the remainder of high school, get to college, and then collapse. (Id. at 755.) Dr. Leventhal explained that J.G.’s perfectionism coupled with her anxiety meant that she would be unable to “do the work,” and that J.G.’s presence in the family home, where she felt she was “competing with her older sister, who she sees as being absolutely perfect and brilliant, and ... with her mother,” “erase[d] the therapy” J.G. had been undergoing. (Id. at 755-56.) Dr. Leventhal recommended, among other things, that J.G. engage in a more intensive course of therapy than the “once or twice-a-week process” that she had been doing until that point. (DX 11, at 12.) As for J.G.’s schooling, Dr. Leventhal recommended that the Parents seek “an immediate program change”: she suggested considering “a local school program as well as a residential setting,” with the “most important factors” affecting the Parents’ decision being “intensification of [J.G.’s] exposure to therapeutic intervention, a population of similar adolescents, and selection of a setting where the academic work is both stimulating and challenging.” (DX 11, at 13.) Dr. Rabinowitz referred the Parents to Barbara Posner, an educational consultant, with whom the Parents met in early January 2008. Posner informed the Parents of the option of sending J.G. to a “therapeutic boarding school.” (Tr. 757-58 (A.G.).) Before J.G. attended such a school, Posner told the Parents, J.G. would have to attend a “wilderness program.” (Id. at 759-60.) It appears from A.G.’s testimony that the Parents viewed the wilderness — boarding school combination as the “other alternative” to hospitalization of J.G. — the Parents had considered hospitalization because they “felt [she] was going to kill herself.” (Id. at 802.) According to A.G., the Parents felt they needed to make a decision fast. (Id.) Posner did not recommend speaking to the District before taking J.G. out of the District schools, nor did she discuss the CSE process with the Parents. (Id. at 803.) On January 13, 2008, J.G. enrolled in the True North Wilderness Program in Waits-field, Vermont (“True North”). (DX 14 (letter from Christine Foley, True North Wilderness Program, to Scarsdale High School (Jan. 11, 2008)).) The District was informed that J.G. would be in the program, and that it would last for six to eight weeks, by a letter from True North dated January 11, 2008. (Id.) Dr. Mendelson, the District’s Director of Special Education, testified that the District “received notice that [J.G.] was withdrawn” on January 14, 2008. (Tr. 30.) A.G. also referred briefly to sending a letter to the District when J.G. was enrolled in True North, but he did not state when that letter was sent, and no such letter appears in the record. (Tr. 761.) The first communication from the Parents to senior District officials that appears in the record is a letter dated January 25, 2008, from J.S. to Susan LaSalle, the Chair of the District’s CSE, requesting that J.G. be “evaluated for Special Education by the Scarsdale [CSE].” (DX 1.) E. J.G.’s Application and Acceptance to Montana Academy In February 2008, the Parents completed an Application to Montana Academy (“MA”) in Kalispell, Montana, a school recommended by Posner. (Tr. 764, 766; PX C (Application for Admission, Montana Academy (Feb. 16, 2008)).) The application process involved a lengthy paper application and a visit to the school by the Parents (alone, without J.G.). (Tr. 766-67.) In the application, the Parents explained J.G.’s difficulties and stated that J.G. was “doing well” at True North. The Parents were “exploring the next step for her education.” (PX C, at 5.) The Parents visited MA in late February 2008 and were impressed with the students and the school. J.G. was accepted after their visit. (Tr. 767-69.) According to John McKinnon, the co-CEO and co-founder of MA, who testified for the Parents at the hearing (id. at 461, 465 (McKinnon)), a student is never accepted at MA without a parental interview, (id. at 483, 518-19). MA accepts “one out of every five or six students that is referred to it,” so, according to McKinnon, the school staff is “selective and thoughtful about who [it] acceptfs].” (Id. at 482.) The MA application contains a “Parent Enrollment Agreement,” on which the Parents agreed to the following statement: Parents understand that they are committing to enroll their child for the duration necessary to complete the program that is approximately 16-18 months but may be longer in some cases. Funding for a full 18 months should be secured prior to enrollment. (PX C, at 30.) Additionally, in a “Financial Agreement,” the Parents agreed to pay a $1000 “enrollment fee.” (Id. at 31.) They also paid the first and last months’ tuition, agreeing that “[i]n the event [they would] choose to withdraw the student without 30 days written notice prior to the completion of the program the last month’s tuition will be forfeit[ed].” (Id.) When asked about the Parent Enrollment Agreement at the hearing, and whether he thought it committed the Parents to keep J.G. in MA for the full length of the program, A.G. responded: We were still operating on a — I mean, we knew that sometimes parents take their kids out sooner and put them into other schools. But if this is what it took to sign to get her into the school, this is what we signed. I don’t think we were committed — -just like we didn’t hand over $180,000 or whatever the amount would be for 18 months, but we signed a lot of forms. We signed one — okay. (Tr. 797.) F. J.G.’s Referral to the CSE and the CSE Process 1. Initial Evaluation Four days after the date of the Parents’ written request that J.G. be evaluated by the District CSE, the District sent the Parents a notice that J.G. would be referred to the CSE, along with a procedural safeguards notice, the District’s guide to special education, and, of significance here, a consent form. (DX 2, at 1-2 (Letter from Michael D. Mendelson to Parents (Jan. 29, 2008)).) The District’s letter explained that the “initial step” in the CSE process was an “individual evaluation” of J.G., which would determine J.G.’s eligibility for special education services and help aid the District in developing an Individualized Education Program (“IEP”) if she were found eligible. (Id. at 1.) The letter said the evaluation could involve a psychological evaluation “if appropriate.” (Id.) The consent form was needed, the District told the Parents, in order for the District to conduct the evaluation. (Id.) The Parents returned the signed form, thereby “grant[ing] consent for referral and evaluation by the [CSE],” with the District receiving it on February 5, 2008. (DX 3; Tr. 37 (Mendelson).) Mendelson testified that the types of information that the District would look to for any particular evaluation would vary, but that in J.G.’s case, a “psychological evaluation” and “educational evaluation” would be “standard elements].” (Tr. 38.) These documents would “help[ ] [the District] determine, at least initially, what other evaluations may be needed.” (Id. at 39.) The District would also eventually need a “social history” and medical information. (Id. at 38.) On February 25, 2008, J.S. e-mailed a copy of Dr. Leventhal’s report to LaSalle. (DX 10 (Letter from J.S. to Susan LaSalle (Feb. 25, 2008)).) The next week, LaSalle contacted the Parents by letter, which stated in relevant part: Given the fact that you believe your daughter, [J.G.], may require a residential placement, it is the desire of the district that [J.G.] meet with the district psychiatrist. Please supply us with the dates and times [J.G.] will be available for the assessment. The CSE will be limited in its ability to understand your child’s needs and recommend an appropriate placement without this assessment. (DX 4 (Letter from Susan LaSalle to Parents (Mar. 4, 2008)).) J.S. responded one week later: As I advised you and/or Ernie Collabolletta during conversations had last week and as recently as yesterday, [J.G.] is not likely to be in Scarsdale at any time in the near future; all of the people treating [J.G.] or advising us in any fashion strongly recommend[ed] against bringing her home before any future placement in a residential setting; and the district is fully authorized to conduct its evaluation of [J.G.] in Vermont. Additionally ... if the district would like to confer with [J.G.’s] treating psychiatrist, that can be arranged easily. (DX 5 (Letter from J.S. to Susan LaSalle (Mar. 11, 2008)).) Attached to J.S.’s response was a letter from Dr. Rabinowitz dated January 16, 2008, stating that J.G.’s functioning had “declined precipitously” in recent weeks, and that the True North program was “a clinically necessary intervention to treat [J.G.’s] impairing psychiatric condition.” (Id.; DX 13 (Letter from llene Rabinowitz, M.D. (Jan. 16, 2008)).) At the hearing, A.G. confirmed that “on the advise [sic] of the treating psychiatrist, as well as the advise [sic] of the program, True North,” the Parents believed that “it would not be advisable for [J.G.] to be brought back [to Scarsdale] to be evaluated by a psychiatrist.” (Tr. 773.) On March 19, 2008, J.S. e-mailed LaSalle to inform her that J.G. would complete the True North program on April 2, 2008, and would be enrolling at MA on April 4. (PX E (E-mail from J.S. to Susan LaSalle (Mar. 19, 2008)).) J.S. reiterated that J.G. would not be returning to Scarsdale and that “[t]he district remains fully authorized to conduct its evaluation of [J.G.] in Vermont or in Montana.” (Id.) The record does not reflect whether the District responded to this e-mail specifically. Ultimately, the District never did conduct its own psychiatric evaluation of J.G. (Tr. 39 (Mendelson).) Dr. Mendelson identified two reasons for this at the hearing. (Id.) First, the District had Dr. Leventhal’s report, which it appears to have relied upon — for instance, the District based its summary of J.G.’s educational abilities on the cognitive test results detailed in Dr. Leventhal’s report. (DX 9, at 1 (Summary of Academic Achievement (Apr. 10, 2008)).) Second, Dr. Mendelson testified that the District “had no access to the child, at least directly” and that he felt it was not the District’s responsibility to “go to Vermont to evaluate a child.” (Tr. 39, 44.) Dr. Mendelson discussed e-mail communications with J.S. taking place around mid-March in which J.S. apparently “questioned the need” for an evaluation and stated that J.G. was “available” for evaluation in Vermont. (Id. at 43-44.) The record also reflects that J.S. had similar exchanges with other members of the District’s staff. (DX 6 (E-mail from J.S. to Susan LaSalle (Mar. 13, 2008) (“As I discussed in my conversation this morning [with Dr. Collabolletta], [J.G.] remains available to be examined in Vermont by the District Psychiatrist. I have not received a the [sic] District’s response on that point.”)).) When cross-examined, Dr. Mendelson testified that he had, in the past, traveled to evaluate a student in an out-of-district placement and sent District employees to do so, and that the District had in the past contracted with outside professionals to perform evaluations. (Tr. 203-04.) The procedural safeguards notice the Parents received (which is not in the record) does not contain an express “limitation” on how far the District will travel to evaluate a child. (Id. at 199.) Dr. Mendelson reiterated his position that he thought it was unreasonable for the District to have to travel out-of-state to evaluate J.G. in this instance, and that it was the Parents who were “to make the child available for evaluation by the district.” (Id. at 206, 241-^2.) 2. The April 17, 2008 CSE Meeting and the First IEP The CSE met on April 17, 2008 and produced J.G.’s first IEP. (DX 7, at 3 (hereinafter “4/17/08 IEP”).) Present at the meeting were, among others, Dr. Mendelson, LaSalle, Dr. Collabolletta, Rod-stein, the Parents, and Dr. Leventhal. (4/17/08 IEP, at 4.) The CSE reviewed an educational evaluation, a social history, a teacher report, J.G.’s transcripts and report cards, Dr. Leventhal’s report, and Dr. Rabinowitz’s January 16, 2008 letter. (4/17/08 IEP, at 5.) After reviewing these materials, the CSE “quickly agreed that [J.G.] is a child with an emotional disturbance and required special education services.” (4/17/08 IEP, at 5.) According to Dr. Mendelson, based on what it had reviewed, the CSE “felt that there was enough information to indicate that J.G. [was] a child with emotional disability, needing services.” (Tr. 104.) Mendelson then asked the Parents when J.G. would be returning, to which the Parents responded that it was uncertain, but that “she could return at anytime.” (4/17/08 IEP, at 5.) The Parents “only wanted [J.G.] classified” at that point, but Dr. Mendelson responded that classification would require the District to offer a placement. (Id.) The 4/17/08 IEP recommended placement of J.G. in a non-integrated special school in 12:1 classes. (4/17/08 IEP, at 1.) J.G. “require[d] special instruction in an environment with a small student-to-teacher ratio and minimal distractions in order to progress in achieving the learning standards.” (Id. at 2.) J.G. would also participate in bi-weekly, individual thirty-minute therapy sessions and in a group therapy session once weekly. (4/17/08 IEP, at 1, 6.) The goals the IEP sought to achieve were J.G.’s regular school attendance, better study habits, timely completion of assignments, and improvement in her various emotional difficulties. (Id. at 6-7.) The CSE agreed that even the relatively small A School, let alone the main Scars-dale High School, would not meet these requirements. (Tr. 106-07 (Mendelson); 4/17/08 IEP, at 5 (noting that the CSE rejected special education services at Scarsdale High School because “[a] more structured program is required”).) The CSE therefore focused on out-of-District placements. Dr. Collabolletta said that “students with [J.G.’s] profile ha[d] often been successful at day treatment” facilities, and the CSE discussed possible placements at the STAR Program in White Plains (“STAR”), a BOCES program for gifted students at Irvington High School in Irvington, New York (“BOCES”), and the Summit School (“Summit”). (4/17/08 /IEP, at 5; Tr. 107-08 (Mendelson); 782 (A.G.).) The CSE did not consider J.G.’s then-current placement at MA. (Tr. 109 (Mendelson).) The Parents were promised that the CSE would mail packages of information about J.G. to these programs. (4/17/08 IEP, at 5.) The Parents were also told that “most places, if not all places, [would] require an interview.” (Tr. Ill (Mendelson).) The Parents apparently responded that they “want[ed] to see what the district can offer.” (Id.) It appears from the record that the District sent out information packets on J.G. to the placements discussed at the CSE meeting in early May 2008. The record does not give a clear picture of what happened between April 17, 2008, and the dates the packets were sent, though J.S. did e-mail Susan LaSalle on May 4, 2008, with three goals to include in the IEP. (DX 22 (apologizing for “the delay”).) Although the Parents had requested a copy, the District does not appear to have mailed the Parents J.G.’s IEP until May 15, 2008, after it had sent copies to the recommended placements. (DX 7 (Letter from Dr. Mendelson to Parents (May 15, 2008) (enclosing IEP)); Tr. 781-82.) A.G. visited BOCES on May 16, 2008, and STAR on June 5, 2008. (Tr. 782; DX 18 (Letter from Daniel Furry, Teacher Coord., STAR, to Mendelson (June 24, 2008)); DX 20 (Letter from Susan LaSalle to Parents (May 28, 2008)).) A.G. testified that he found neither of the two programs appropriate for J.G.: when he asked how they would deal with a student who would not get out of bed, he was told that bringing the student to school was the Parents’ responsibility. (Tr. 782-83.) It appears the Parents still thought at this point that keeping J.G. at home would be unsafe. (Id. at 783.) According to a June 24, 2008 letter from STAR to Mendelson, at his visit A.G. indicated that J.G. was “not available for an intake,” so STAR was unable to “proceed with the intake process.” (DX 18.) When BOCES expressed interest, LaSalle contacted the Parents on May 28, 2008, letting them know that BOCES was “very interested in meeting [J.G.]” and asking when she would be “available for an intake.” (DX 20.) The record does not reflect any response to this letter, or that A.G. conveyed his concerns to the CSE. 8. The June 25, 2008 CSE Meeting, the Revised IEP, and the Summit School The CSE met again on June 25, 2008. (DX 24, at 2 (hereinafter “6/25/08 IEP”).) The purpose of this meeting was to “make a program recommendation for J.G.” (6/25/08 IEP, at 4.) The minutes from the meeting indicate that the day programs A.G. had visited were discussed, and it was noted that “they cannot formally accept [J.G.] without an interview.” (Id.) The CSE reviewed one new document: a June 25, 2008 progress report from MA. (Id.) This report indicated that J.G. was responding fairly well to MA, although “[l]ack of motivation and personal apathy remained] a daily risk.” (DX 26, at 1 (Montana Academy progress report, dated June 25, 2008).) The MA report argued that only a “comprehensive environment such as Montana Academy” could offer the structure, supervision, and staff support that J.G. needed to get at her underlying emotional difficulties. (Id. at 2.) The CSE minutes reflect that J.S. also gave a progress report, stating that J.G. “ha[d] a long way to go” and that she needed “full time supervision.” (6/25/08 IEP, at 4.) J.S. worried that J.G. would regress during the summer months. (Id.) Based on these reports, the CSE changed J.G.’s recommended placement to a 12-month residential program (rather than a 10-month day program). (6/25/08 IEP at 1, 4.) It does not appear that any other changes were made from the earlier IEP. LaSalle indicated that “she was in contact with Summit and they told her that a spot should be available for [J.G.] for Summer 2008,” and the CSE agreed to offer J.G. a placement at Summit. (Id. at 5.) The recommendation was made “pending the completion of the interview process,” and the Parents were told that they would “need to go through the application process.” (Id.) The CSE also promised to contact another program should J.G.’s “acceptance at Summit ... fail.” (Id.) There is nothing in the record providing a clear description of the program offered at Summit. No Summit representatives participated either in the CSE process or in the subsequent hearing. What the record does contain is the testimony of Dr. Mendelson and A.G. describing their experiences of the program. According to Dr. Mendelson, Summit has day and residential programs “designed to address the needs of kids with emotional difficulties.” (Tr. 150.) Summit is accredited to provide education according to New York State standards, and its staff could, in Mendelson’s view, provide the counseling required by J.G.’s IEP. (Id. at 150-51.) The District had had “other children similar to J.G.” in their “emotional need[s]” attend Summit in the past, and Summit had “worked well” with them. (Id. at 151.) A.G. visited Summit on July 15, 2008 and met with Deborah Sherwood (“Sherwood”), a school representative. (PX A, at 1 (Letter from J.S. to Susan LaSalle (July 28, 2008)).) A.G. came away with a number of concerns, which he described at the hearing: She [Sherwood] explained that the school is set up where the kids who are brighter and more ... academically gifted are in a separate campus.... But there is less therapeutic support. But based on what I told her about [J.G.], ... she said, [J.G.] would clearly not be able to go to that because she needs more therapeutic support. And as a result, she would be with kids who are slower, lower functioning kids, more acting out kids. (Tr. 783-84.) Upon being told about J.G.’s experience at MA, Sherwood told A.G. that: [S]he also felt that it may be better for her to stay in Montana at this time than come and make a change to the program at Summit, out of her concern that if you take a child from a school where she is having success and bring her to a school where she might experience failure, that that could prove to be more damaging. (Id. at 805.) A.G. also was concerned that students at Summit “followed the New York State Regents schedule of ... seven periods with electives.” (Id. at 784.) J.G. had not been able to handle such a program at Scarsdale, and she was having trouble even with the three classes she was then taking at MA. (Id.) Finally, A.G. testified that he thought Summit did not offer “as much therapy as ... [J.G.] should be getting.” (Id. at 785.) Apparently notwithstanding the misgivings she expressed to AN., Sherwood sent LaSalle an email two days after AN.’s visit indicating that “we at Summit feel that [J.G.] could be an appropriate candidate for our residential program.” (DX 27 (Email from Sherwood to LaSalle (July 17, 2008)).) “However,” Sherwood continued, “we are unable to make a formal decision until we are able to conduct an intake with [J.G.]. [A.G.] ... did not have dates or estimates as to when [J.G.] will return from Montana.” (Id.) Sherwood had told AN. at their meeting that “she would have to interview [J.G.]” if the Parents were interested in “mak[ing] th[e] transition” from MA to Summit. (Tr. 805.) The record does not reflect what, if anything, LaSalle or any other District staff member did to follow up on Sherwood’s e-mail. On July 28, 2008, the Parents sent a letter to LaSalle expressing their belief that “[t]he Summit School will not suffice for [J.G.’s] needs at this time.” (PX A, at 1 (Letter from J.S. to LaSalle (July 28, 2008)).) The Parents described two main areas of concern. First, Summit “serves a very mixed population of students,” including some who were autistic, who acted out, or had other problems. (Id.) The “high-functioning students” took the New York State Regents curriculum, consisting of seven periods a day including electives. (Id.) In the Parents’ view, J.G. could not handle “a full high school course load.” (Id.) J.G. was even having difficulty keeping up with the assignments in the three classes she was then taking at MA. (Id.) The Parents feared that J.G. would fail to keep up at Summit, which would then reinforce the emotional problems from which she suffered. (Id. at 2.) “Ms. Sherwood agreed with [A.G.] that this was a reasonable and compassionate concern.” (Id.) Second, the Parents felt that Summit offered less therapy than the IEP called for and that J.G. required. (Id.) Again, the District does not appear to have taken any action or sent any response to this letter. (Tr. 787-88 (A.G.).) A.G. was contacted by another school, Harmony Heights, in summer 2008, seeking to make an appointment with the family. (Tr. 809-10.) When A.G. returned the school’s call, he was told that “there would be no reason to come for a visit unless [A.G.] had [J.G.] with [him] to come for a visit....” (Id. at 810.) According to A.G., had the District recommended a program that the Parents thought appropriate for J.G., they “would have brought [J.G.] home like this.” (Id.) “[I]f the committee offered a school that met the needs of our daughter, we would much prefer to have her home or closer to home than in Montana.” (Id.) On August 18, 2008, the Parents’ counsel sent LaSalle a letter informing her that the Parents were placing J.G. at MA for the 2008-2009 school year, and that they “intend to seek funding for this placement from the District.” (DX 25 (Letter from Jesse Cole Foley to LaSalle (Aug. 18, 2008)).) G. J.G.’s Progress at Montana Academy At the time of the hearing, J.G. was in attendance at MA. McKinnon and Carol Minnick Santa (“Santa”), MA’s co-owner and director of education, testified for the Parents on March 81, 2009. (Tr. 461, 552.) MA is a high school on a ranch, housing seventy students and nearly seventy staff members. (Id. at 468-69 (McKinnon).) The school offers a full academic curriculum, with the goal of an individual student’s program being to fill in those credits he or she needs to graduate according to Montana and California State education standards. (Id. at 471 (McKinnon); 556-59 (Santa).) Classes contain between four and twelve students. (Id. at 557.) On a typical weekday, students take classes in the mornings and have a “study hall” in the mornings, engage in group therapy and “tutorial” — individual academic study or interaction with teachers — in the afternoon, and have organized sports, chores, and more study time in the late afternoon and evening. (Id. at 489-92, 561, 564.) On weekends, the students engage in activities in groups organized according to their progress in the clinical program. (Id. at 491.) In that program, students have “intensive” therapy daily, either individually, in groups, or with their families by phone. (Id. at 479-81.) Each Friday, the teachers meet together and every student’s academic progress for the week is reviewed. (Id. at 493, 578.) Students are closely monitored, and a student who fails to turn in homework or who has poor grades in a class is “shut out” of weekend activities and forced to attend extra study hall. (Id. at 565-66.) The school also runs a program to transition students nearing the end of the program by integrating them in the larger community, through courses at a local community college and through outside jobs. (Id. at 469-70.) Students can graduate from MA directly, or if a student finishes the MA clinical program before achieving sufficient credits to graduate high school, she returns to her home school to complete her academies. (Id. at 471-72.) Tuition at MA is approximately $6,500 per month. (Id. at 508.) MA students come from different types of schools, but they are united by what McKinnon called a “developmental delay of sort of relative maturity.” (Tr. 474.) Most MA students are “academically disengaged” on arrival, but are not in need of remediation — they are capable of “do[ing] school fairly well.” (Id. at 562 (Santa).) Some MA students have “become ... dysfunctional” or dropped out at their home schools, while others have been expelled. (Id. at 474 (McKinnon).) Seventy-five to eighty percent of MA students have had “significant exposure to alcohol or marijuana” before they get to the school, but MA “do[es] not consider [itself] a drug rehab center” and is “not primarily a substance abuse program,” according to McKinnon. (Icl at 514-15.) MA students are “not allowed ... to go home and visit family ... as part of the routine program,” until they are promoted internally to the clinical program’s middle group (or “clan,” in MA parlance). (Tr. 530.) This can take months for some students. (Id. at 530-31.) Instead, parents visit the school and can take their children on short vacations. (Id. at 530.) McKinnon testified that as students get more advanced in the clinical program, the school encouraged returning periodically to their homes and “peer group[s]” there, because “we want kids to try and have trouble and fail and have ways to come back and digest that experience and try it before we finally send them home.” (Id. at 530-31.) When she arrived at MA, J.G. presented a fairly typical “picture” among students at the school. (Tr. 485-86.) McKinnon supervised a small group of students that J.G. was in. (Id. at 465.) He testified that she was doing “very well.” She had a “rocky start,” but had become “popular and liked by her team and by other kids.” J.G. had “reconciled” with her family and had progressed in her therapy to the point where McKinnon felt she showed “every sign of growing up and becoming thoughtful and capable of planning and carrying through with her plans.” (Id. at 499.) J.G. was “off all of her antidepresent medieation[s] ... and [was] doing very well without them.” (Id. at 505.) J.G. was expected to graduate in the summer of 2009 and begin college in the fall, as she had applied to colleges largely on her own. (Id. at 499-500, 531-32.) Academically, although J.G. initially had “some trouble getting in homework,” she was doing “quite well” and “achieving well in every area,” according to Santa. (Id. at 578.) J.G. had recently won an academic achievement award in literature. (Id. at 502 (McKinnon).) J.G.’s grades in MA classes were almost all As, A-’s, or B + ’s. (PX B (High School Credit History, Fall '2008, Montana Academy).) H. Procedural Background 1. IHO On October 22, 2008, the Parents, through counsel, sent the District a request for an impartial hearing regarding J.G. and seeking reimbursement for her placement at MA. As a proposed “resolution” to their claim, the Parents proposed that the District reimburse them for any tuition that had been or would be paid for the period between April 4, 2008 and June 30, 2009. (DX 28, at 1, 3 (Letter from Jesse Cole Foley to LaSalle (Oct. 22, 2008)).) The Parties waived a resolution meeting, and the IHO held a four-day hearing on December 10, 2008, and March 17, March 31, and April 24, 2009. The IHO heard testimony from Mendelson, Rodstein, Maxwell, McKinnon, Santa, Leventhal, and A.G., and compiled a record of forty-nine exhibits. The IHO issued her decision June 6, 2009 rejecting the Parents’ request for tuition reimbursement. First, the IHO found that the District had not violated its obligations under IDEA’S “child find” provisions, because “[g]iven [J.G.’s] prior academic history and the parents [sic] provision of psyehiatric/medical services (including a course of cognitive behavioral therapy, medication and medical monitoring) ... the [District] did not have sufficient reason to suspect that special education services were needed” prior to J.G.’s withdrawal from the District. (IHO Decision 16.) Next, the IHO found that J.G.’s IEP, as developed in April and modified in June 2008, was “properly and timely developed” and substantively appropriate for J.G.’s needs. (Id.) However, the District had failed to establish that it provided J.G. a FAPE because nothing in the record substantiated the appropriateness of the Summit School specifically. (Id. at 16-17.) Third, the IHO found that although MA was a “very restrictive setting,” it was an appropriate placement for J.G. given her “meaningful academic growth” while there. (Id. at 18.) Finally, the IHO found that equitable considerations barred an award of tuition reimbursement. The Parents cooperated in the CSE process to the extent that they attended the IEP meetings, provided the CSE with Dr. Leventhal’s report, and visited the CSE’s recommended placements. But, the IHO noted, the Parents “failed to cooperate in good faith” with the District by refusing to “provide [J.G.] for an initial evaluation and subsequently for interview during the intake process.” (Id. at 18-19.) The IHO found that there was nothing in the record suggesting J.G. could not atten