Full opinion text
ORDER AFFIRMING RECOMMENDED DECISION OF THE MAGISTRATE JUDGE D. BROCK HORNBY, District Judge. On November 29, 2012, the United States Magistrate Judge filed with the court, with copies to counsel, his Recommended Findings of Fact and Conclusions of Law. The time within which to file objections expired on December 17, 2012, and no objections have been filed. The Magistrate Judge notified the parties that failure to object would waive their right to de novo review and appeal. It is therefore ORDERED that the Recommended Decision of the Magistrate Judge is hereby ADOPTED. Judgment is entered in favor of the defendant Parents on the plaintiff District’s appeal and in favor of the District on the Parents’ cross-appeal. So Ordered. RECOMMENDED FINDINGS OF FACT AND CONCLUSIONS OF LAW JOHN H. RICH III, United States Magistrate Judge. The plaintiff, Regional School Unit No. 51 (“District”), appeals portions of decisions of a Maine Department of Education (“MDOE”) hearing officer (“Hearing Officer”) finding in favor of defendants John Doe and Jane Doe (“Parents”) and awarding them reimbursement of monies paid to send their child (“SM”) to a residential private school in 2010-11 as compensatory education for the District’s failure to identify SM as eligible for special education from September 2007 to March 2010. See Plaintiffs Memorandum of Law in Support of Appeal (“District’s Brief’) (ECF No. 19) at 1-2. The Parents cross-appeal that portion of the Hearing Officer’s decisions finding in favor of the District with respect to its offer of special education services to SM for the 2011-12 school year. See Defendants’ Memorandum of Law (“Parents’ Brief’) (ECF No. 20) at 28-33. In addition, they seek reimbursement of their attorney fees and costs on the basis that they are the prevailing parties in this action. See id. at 33-34. After careful review of the parties’ memoranda and the entire record filed in this case, including a supplemental affidavit that Mr. Doe was permitted to file, see Declaration of John Doe (“John Doe Deck”) (ECF No. 14-1), attached to Defendants’ Motion To Permit Presentation of Additional Evidence (ECF No. 14), I propose that the court adopt the following findings of fact and conclusions of law, on the basis of which I recommend that judgment be entered in favor of the Parents on the District’s appeal and in favor of the District on the Parents’ cross-appeal. Consideration of the Parents’ further request for reimbursement of their legal fees and costs is premature. Hence, I recommend that the court defer action on that request pending the final adjudication of this appeal, at which time the Parents may submit any applications for attorney fees and costs in accordance with Local Rules 54.2 and 54.3. I. Proposed Findings of Fact A. Fourth Grade, Longfellow School, 2005-06 1. SM is now 16 years old. Special Education Due Process Hearing [Decision] (“Hearing Decision”), [M] v. RSU #51, Case No. 11.107H; RSU # 51 v. [M], Case No. 12.013H (Me. Dep’t of Educ. Nov. 8, 2011), at 3, ¶ 1; Administrative Record (“Record”) at 984. He attended private schools through the third grade, Testimony of Jane Doe (“Ms. Doe ”) at 11, then attended the Longfellow School (“Longfellow”) in the Portland School District for fourth grade (2005-06), Hearing Decision at 3, ¶ 2; Record at 149. He was referred for special education in January 2006 due to difficulty completing independent academic work, following multiple-step directions, remaining seated, and maintaining focus, as well as due to an inconsistent short-term memory and weak organizational skills. Hearing Decision at 3, ¶ 2; Record at 151. 2.In March 2006, the Parents hired Marcia Hunter, Ph.D., to evaluate SM. Hearing Decision at 3, ¶ 3; Record at 984. Dr. Hunter concluded that he was bright, with an IQ in the 86th percentile, but presented with an atypical interpersonal style and was introverted, withdrawn, and possibly anxious and depressed. Hearing Decision at 3, ¶ 3; Testimony of Marcia Hunter, Ph.D. (“Hunter ”) at 197. Dr. Hunter noted that SM had been diagnosed with Attention Deficit Hyperactivity Disorder (“ADHD”) in 2003. Hearing Decision at 3, ¶ 3; Record at 984. She concluded that he had advanced thinking abilities that required encouragement and support, as well as serious impairments in executive mental functions and processing speed. Hearing Decision at 3, ¶ 3; Hunter at 201; Record at 998-1005. She made a variety of recommendations regarding his education, including creating stimulating and diverse learning opportunities to address his deficits in mental speed and focus, using familiar materials and personal interests to increase his focus on mundane tasks, using divergent assessment procedures to provide him with positive feedback, and monitoring his reliance on fantasy as a means to feed his intellectual hunger. Hearing Decision at 3, ¶ 3; Record at 998-99. She also recommended an occupational therapy evaluation to address his fine motor weaknesses and lack of automatic transcription skills, as well as direct instruction in keyboarding skills. Hearing Decision at 3, ¶ 3; Record at 999. 3. At nearly the end of the school year, in May 2006, SM was identified as eligible for special education services under the category of “Other Health Impaired” as a result of his ADHD and executive functioning deficits. Hearing Decision at 3, ¶ 4; Record at 166. He received special education services for approximately the final two months of the school year. Hearing Decision at 3, ¶ 4; Ms. Doe at 10. His Individualized Education Program (“IEP”) called for a series of classroom and homework accommodations as well as direct special education instruction for three-and-a-half hours per week and special education consultation with SM’s team. Hearing Decision at 3, ¶ 4; Record at 170-71. 4. At the time that SM entered special education at Longfellow, his mother signed a consent form allowing the school to conduct an evaluation of him, which indicated that a Statement of Procedural Safeguards was attached. Limitations Decision at 2, ¶ 4; Record at 149-50. The Parents also received other notices in the winter and spring of 2006 indicating that a Statement of Procedural Safeguards was attached or enclosed. See Record at 151-52, 160, 177. The Parents do not recall ever receiving a Statement of Procedural Safeguards from the Portland School District and have not been able to locate a copy of such safeguards in their records. Limitations Decision at 2 ¶ 4; Ms. Doe at 75; Testimony of John Doe (“Mr. Doe ”) at 99. B. Fifth Grade, Breakwater School, 2006-07 5. SM attended a private school, the Breakwater School (“Breakwater”) in Portland, for his fifth grade year (2006-07). Hearing Decision at 3, ¶ 5; Ms. Doe at 11, 16. During that year, the Parents arranged for a family-funded tutor to attend school with him for much of the day. Hearing Decision at 3, ¶ 5; Ms. Doe at 11-13. The tutor met with him before school and assisted him throughout the day, spending a total of 10 to 20 hours per week with him. Hearing Decision at 3-4, ¶ 5; Ms. Doe at 12. SM did very well academically and gained self-confidence. Hearing Decision at 4, ¶ 5; Record at 952-72. However, despite the presence of the tutor, SM’s teachers reported continuing problems, including that SM had difficulty following multi-step directions, could lose sight of the overall goal of an activity, needed extra assistance in planning and organizing assignments, was easily distracted and influenced by other students, and had difficulty maintaining focus for entire class periods. Hearing Decision at 4, ¶ 5; Record at 959, 961-62, 969, 971. C. Sixth Grade, Greely Middle School, 2007-08 6. SM enrolled in RSU # 51 in the fall of 2007, after his family moved to North Yarmouth. Limitations Decision at 2, ¶ 6; Record at 944-45. He attended sixth (2007-08), seventh (2008-09), and eighth (2009-10) grades at Greely Middle School (“GMS”). Limitations Decision at 2, ¶ 6; Ms. Doe at 57-58. 7. Roberta Goodwin, a GMS school counselor, met with Ms. Doe in August 2007 to prepare for SM’s transition to GMS. Hearing Decision at 4, ¶ 7; Testimony of Roberta L. Goodwin (“Goodwin ”) at 132-34. Ms. Doe filled out a form that indicated that SM had been diagnosed with ADHD, had a tutor for fifth grade, and needed reminders to write down homework assignments, and that the family had SM’s prior IEP and his March 2006 evaluation. Hearing Decision at 4, ¶ 7; Record at 194. Ms. Goodwin was SM’s school counselor for his three years at GMS. Hearing Decision at 4, ¶ 7; Goodwin at 614. 8. During her meeting with Ms. Goodwin, Ms. Doe shared SM’s school history, reiterated his diagnosis of ADHD, and indicated that he had some struggles in the past, although Ms. Doe did not appear worried about his transition. Hearing Decision at 4, ¶ 8; Goodwin at 133-34. Ms. Goodwin subsequently received SM’s prior educational records, including his records from Breakwater, his IEP from Longfellow, and his March 2006 evaluation by Dr. Hunter. Hearing Decision at 4, ¶ 8; Goodwin at 135-36. Ms. Goodwin forwarded that information to Carol Nale, the special education teacher at GMS. Hearing Decision at 4, ¶ 8; Goodwin at 137-38. 9. On September 18, 2007, Ms. Nale emailed Ms. Doe to inquire as to whether SM had a current IEP. Hearing Decision at 4, ¶ 9; Record at 197. Ms. Doe responded that he did not, indicated that Breakwater did not offer such an “evaluation,” and asked whether it would be appropriate to evaluate SM again and how the family should move forward to obtain support for him at school. Id. 10. Beginning in mid-September and continuing through October, SM’s teachers observed that he required a great deal of adult support to complete in-class assignments, had difficulty following instructions, and required frequent check-ins and prompts, that he would benefit from the use of a math tutor, and that he at times “shut down” when faced with difficult assignments, saying that he would never be able to get them done. Hearing Decision at 4, ¶ 10; Record at 195-96,198-99. 11. On September 25, Ms. Nale responded by email to Ms. Doe’s query, indicating that, because SM’s IEP had expired and he had not received special education services at Breakwater the prior year, he was not receiving special education services at GMS. Hearing Decision at 4, ¶ 11; Record at 199. She went on to state that SM’s teachers were working with him to meet his needs and that the Parents could choose to meet with his team by contacting his team leader Carol Pappas, one of his regular education teachers. Hearing Decision at 4-5, ¶ 11; Record at 199. She advised that, if the Parents sought a team meeting, the team could talk about how best to meet SM’s needs and “look at the need to refer him for special education evaluation/services.” Hearing Decision at 5, ¶ 11; Record at 199. Ms. Goodwin believed that Ms. Nale’s email indicated that, if the family sought special education for SM, GMS would need to re-refer him to special education and evaluate him because his IEP had expired. Hearing Decision at 5, ¶ 11; Goodwin at 139. 12. Ms. Doe was in regular communication with Ms. Pappas and, on September 26, asked to meet with SM’s teachers. Hearing Decision at 5, ¶ 12; Record at 138. Ms. Doe was under the impression that SM did not qualify for special education services without further evaluation but was amenable to the suggestion that SM’s teachers be used as support for him. Hearing Decision at 3, ¶ 12; Ms. Doe at 24. 13. On October 30, while meeting with Ms. Doe, Ms. Goodwin emailed Penelope Wheeler-Abbott, the assistant principal at GMS and the facilitator of most of the IEPs for students attending school there. Hearing Decision at 5, ¶ 13; Record at 203-04; Testimony of Penny Wheeler-Abbott (“Wheeler-Abbott ”) at 168. Ms. Goodwin indicated that, although Ms. Nale had understandably recommended reevaluating SM, she and Ms. Doe were concerned about the impact of testing on him, including possible lost class time, invasive testing, and self-esteem issues. Hearing Decision at 5, ¶ 13; Record at 204. Ms. Goodwin suggested a meeting to discuss providing SM services pursuant to section 504 without doing further testing. M Ms. Goodwin left the October 30 meeting feeling that Ms. Doe was hesitant to refer SM to special education because she did not want him removed from the school for testing or singled out for individual education. Hearing Decision at 5, ¶ 13; Goodwin at 144-45. 14.On October 31, Ms. Goodwin noted in an email that she had brought SM up at a “guidance/A-team meeting” and that the consensus was that there should be a team meeting to discuss him at more length. Hearing Decision at 5, ¶ 14; Record at 1006. Ms. Goodwin noted that Ms. Doe was “balking a little at a referral” but questioned whether bypassing a referral would cause SM not to receive all of the services he needed. Id. Ms. Goodwin then asked to meet with Ms. Wheeler-Abbott and Ms. Nale to discuss SM. Id. Ms. Wheeler-Abbott perceived that, because of the May 2007 expiration of SM’s IEP and his attendance at a private school the prior year, he would need to be retested before he could be identified as in need of special education. Hearing Decision at 5, ¶ 14; Wheeler-Abbott at 183-84. Ms. Wheeler-Abbott expected that the process would consist of the Parents consenting to an evaluation, the District conducting the evaluation within a 45-day time frame, SM’s IEP team meeting to review the evaluation and deciding whether SM was eligible, and the creation of an IEP for SM if he were eligible. Hearing Decision at 5, ¶ 14; Wheeler-Abbott at 184. She perceived that Ms. Doe had concerns about the impact of additional testing on SM and wished to explore other options that did not involve reevaluation. Hearing Decision at 5, ¶ 14; Wheeler-Abbott at 175-76. 15. On October 31, Ms. Goodwin emailed Ms. Doe to indicate that she and Ms. Wheeler-Abbott had decided that they could not determine whether SM should be referred to special education without having a meeting with his teachers. Hearing Decision at 5, ¶ 15; Record at 207. 16. From the District’s perspective, SM arrived outside of eligibility for special education and needed to be considered as an initial referral for consideration, if he was going to receive special education services. Hearing Decision at 6, ¶ 16; Wheeler-Abbott at 183-85. The District did not discuss with the family the possibility of convening an IEP team meeting for SM or of determining his eligibility based on pri- or testing and records. Hearing Decision at 5, ¶ 16; Goodwin at 156-57, 160-61. 17. On November 1, Mr. Doe reported to Ms. Goodwin that SM seemed very upset about school and had a breakdown during which he reported that he liked the school but felt stupid, could not stay focused or keep up, and did not have enough support. Hearing Decision at 6, ¶ 17; Record at 205. 18. On November 9, the Parents met with Ms. Wheeler-Abbott, Ms. Goodwin, Ms. Pappas, and two other regular education teachers. Hearing Decision at 6, ¶ 18; Record at 1007. In addition, Dr. Hunter, who had evaluated SM in 2006, attended at the Parents’ invitation. Hearing Decision at 6, ¶ 18; Record at 208, 1007. No special educator was present, and the Parents did not meet with anyone in the special education department during the fall of 2007. Hearing Decision at 6, ¶ 18; Wheeler-Abbott at 182; Ms. Doe at 36-37. Ms. Doe, when inviting Dr. Hunter, indicated that SM’s team was meeting and that the Parents’ goal was to get him some support without going through another evaluation. Hearing Decision at 6, ¶ 18; Record at 208. 19. At the November 9 “staffing” meeting, the group discussed SM’s performance at school, his anxieties, his difficulties, and his strengths and weaknesses. Hearing Decision at 6, ¶ 18 Record at 1007-08. School staff perceived that one of the purposes of the meeting was to determine whether SM should receive section 504 services or special education. Hearing Decision at 6, ¶ 19; Wheeler-Abbott at 177-78; Goodwin at 147. Although Ms. Wheeler-Abbott typically presents special education as an option at such meetings, she did not recall whether she did so at the November 9 meeting. Hearing Decision at 6, ¶ 19; Wheeler-Abbott at 178. The Parents did not recall any discussion of special education as an option. Hearing Decision at 6, ¶ 19 Ms. Doe at 86; Mr. Doe at 108. 20. At the time, the Parents did not understand the difference between services offered under section 504 and those provided pursuant to special education laws. Limitations Decision at 5, ¶ 18; Ms. Doe at 34-35; Mr. Doe at 107-08. The Parents’ primary concern was that SM receive sufficient support to be successful in school. Limitations Decision at 5, ¶ 18; Ms. Doe at 37-38; Mr. Doe at 107-08. Mr. Doe interpreted section 504 accommodations as an option involving special education that provided fewer services but would not require retesting SM. Limitations Decision at 5, ¶ 18; Mr. Doe at 125-26. The Parents continued to believe that SM was not eligible for special education without further testing, based on the District’s statements. Limitations Decision at 5, ¶ 18; Ms. Doe at 35; Mr. Doe at 128-29. Ms. Wheeler-Abbott’s meeting notes indicate that the group was “[l]ooking more for the 504 route and to provide the emotional and mental breaks during the day.” Limitations Decision at 6, ¶ 20; Record at 1008. 21. School staff at the meeting concluded that all of Dr. Hunter’s proposed accommodations could be implemented through the section 504 plan. Limitations Decision at 5, ¶ 19; Record at 1239-40; Goodwin at 150. Ms. Goodwin and Ms. Wheeler-Abbott perceived that everyone at the meeting, including Dr. Hunter, felt that the necessary accommodations could be accomplished through a section 504 plan for SM. Limitations Decision at 5-6, ¶ 19; Goodwin at 150, 153-54; Wheeler-Abbott at 179-80. 22. The section 504 plan called for, among other things, the provision of emotional, mental, and physical breaks; the implementation by SM’s teachers of a positive reinforcement program for focused attention; the modification of SM’s homework assignments; the use by SM of his computer, whenever possible, to complete assessments and assignments; the selective pairing of SM with students who worked well with him; and an invitation to SM to join a social skills group with the school counselor. Hearing Decision at 7, ¶ 22; Record at 940. 23. After the November 9, meeting, Dr. Hunter had no role with SM or school staff until the fall of 2009, during SM’s eighth-grade year. Hearing Decision at 6, ¶ 18; Hunter at 213-14. 24. Throughout SM’s sixth-grade year, he struggled with academics and with depression and suicidal ideation. Hearing Decision at 7, ¶ 21; Ms. Doe at 39-48; Record at 209-12, 215, 217, 234-35. 25. Ms. Goodwin met with SM weekly for 30 minutes, mainly in a group with one other boy, throughout his time at GMS. Hearing Decision at 7, ¶23; Goodwin at 642-44, 652. She worked with him on social skill building and shared information from her sessions with Ms. Doe. Hearing Decision at 7, ¶ 23; Goodwin at 642-44. 26. In Maine Educational Assessment (“MEA”) testing in March 2008, SM partially met standards in reading and did not meet standards in math. Hearing Decision at 7, ¶ 24; Record at 213-14. That same month, Ms. Pappas reported to the Parents that SM continued “to be off task in all of his content classes, distracting himself and others, and really not interested in school work. He is more concerned with objects and creating inventions out of classroom and cafeteria materials. This is interfering with working in class and completing assignments.” Hearing Decision at 7, ¶ 24; Record at 215. 27. In May 2008, three of SM’s sixth-grade teachers completed assessment forms at the request of SM’s pediatrician. Hearing Decision at 7, ¶ 25; Record at 218-26. Each of the teachers independently reported that SM very often (the highest rating) failed to give attention to details or made careless mistakes in schoolwork, had difficulty sustaining attention to tasks or activities, did not seem to listen when spoken to directly, did not follow through when given directions and failed to finish activities, had difficulty organizing tasks and activities, avoided, disliked, or was reluctant to engage in tasks that required sustained mental effort, lost things necessary for tasks or activities, was easily distracted by extraneous stimuli, was forgetful in daily activities, fidgeted with his hands or feet or squirmed in his seat, left his seat when expected to remain seated, and actively defied or refused to comply with adults’ requests or rules. Hearing Decision at 7-8, ¶ 25; Record at 218, 221, 224. 28. The teachers also reported that SM’s performance was somewhat of a problem or problematic (the two highest ratings) in reading, math, and written expression. Hearing Decision at 8, ¶ 25; Record at 219, 222, 225. Ms. Pappas, SM’s language arts and math teacher, commented that she was “very concerned about [SM]. He is unfocused and unwilling to do work during class. He is ‘in his own world’ most of the time during class. It is as if he is listening to a tape in his mind. He does not seem happy.” Hearing Decision at 8, ¶ 25; Record at 225. Nancy Lane, SM’s science teacher, reported that he “does not seem to like school. He fixates on 2 students and wants to be their friend. He is often in another place in his mind. He gets distracted, this precludes him from getting his thoughts on paper, on the computer or verbalized. He will get distracted and [it is] very difficult to get him to refocus. Breaks, rewards and threatening to not allow him to ‘hang’ with his friends during mastery works sometime[s] (not frequently).” Hearing Decision at 8, ¶ 25; Record at 222. 29. All three teachers gave SM a six (a “very severe impairment” on a scale of one to seven) in the following domains of function: ability to comply with school rules, adult commands, or general behavioral expectations; ability to form and maintain positive peer relationships; ability to express or control emotions; and ability to perform daily school tasks and responsibilities. Hearing Decision at 8, ¶ 25; Record at 220, 223, 226. 30. Ms. Goodwin, who did'not see these evaluations, testified that although SM had work completion issues, his section 504 plan was supporting him sufficiently, he was progressing academically, and the quality of his work was fine if completed. Hearing Decision at 8, ¶ 25; Goodwin at 622, 625. 31. SM’s May 2008 Northwest Evaluation Association (“NWEA”) testing scores revealed a reduction from the 74th percentile in the fall to the 34th percentile in the spring in reading, and from the 44th percentile in the fall to the 40th percentile in the spring in math. Hearing Decision at 8, ¶ 26; Record at 236. 32. In late May, Ms. Doe informed SM’s teachers that he was under intense supervision at home due to symptoms of severe depression. Hearing Decision at 8, ¶ 27; Record at 217. 33. The Parents did not feel that the section 504 accommodation plan helped SM succeed academically, although it did reduce his work level, which reduced his stress level. Hearing Decision at 8, ¶ 28; Mr. Doe at 108-11. SM continued to struggle with homework. Id. On his final report card in sixth grade, he received many rankings indicating that he was meeting expectations but also many indicating that he was partially meeting expectations and four indicating that he was not meeting expectations. Hearing Decision at 8, ¶ 28; Record at 234-35. SM’s teachers graded his work habits as needing improvement in nearly all classes for each trimester and his conduct as needing improvement in several classes each trimester. Id. D. Seventh Grade, Greely Middle School, 2008-09 34. After sixth grade ended, the Parents hired Ms. Pappas to tutor SM throughout the summer and into the fall. Hearing Decision at 8-9, ¶ 29; Mr. Doe at 111-12. In October 2008, Ms. Pappas reported that she did not have the time to continue as SM’s tutor. Hearing Decision at 9, ¶ 29; Mr. Doe at 112. 35. Also in October 2008, SM’s team met to review his section 504 plan. Hearing Decision at 9, ¶ 30; Goodwin at 626. There were no substantive changes to SM’s section 504 plan during his seventh-grade year. Hearing Decision at 9, ¶ 30; Record at 934. At the meeting, Mr. Doe informed school staff that SM felt very overwhelmed and like a failure. Hearing Decision at 9, ¶ 30; Record at 1009. SM continued to struggle with homework completion, and his emotional state at home worsened. Hearing Decision at 9, ¶ 30; Mr. Doe at 113. Mr. Doe felt that his relationship with SM was greatly stressed during SM’s seventh-grade year by his efforts to try to get SM to complete homework, causing him to “los[e] [SM] in terms of my relationship” after having been “very, very tight” with him. Hearing Decision at 9, ¶ 30; Mr. Doe at 113, 368, 954-55. 36. During seventh grade, the Parents offered to buy SM a computer if he achieved certain grades. Hearing Decision at 9, ¶31; Mr. Doe at 114. This resulted in a short-lived improvement in SM’s homework completion but ultimately backfired because SM felt significant pressure. Id. Four of SM’s seven grades rose in the second trimester, but three dropped in the third trimester. Hearing Decision at 9, ¶ 31; Record at 250. SM’s third-trimester grades included five in the B range, one in the C range, and one in the D range. Hearing Decision at 9, ¶ 31; Record at 250. 37. School staff believed that there was less communication from the Parents during seventh grade, indicating fewer concerns on their part. Hearing Decision at 9, ¶ 32; Goodwin at 629-31; Wheeler-Abbott at 732-35. In September and October 2008, the Parents worked directly with SM’s Spanish and language arts teachers to help him complete his homework because he frequently was not turning it in. Hearing Decision at 9, ¶ 32; Record at 711-17. In October, the Parents also asked school staff to provide SM additional support and keep an eye on him because he was showing a lot of sadness and depression at home. Hearing Decision at 9, ¶ 32; Record at 717, 719. In November, SM’s Spanish teacher informed the Parents that, although SM’s homework completion had improved, she remained concerned about his comprehension and ability to follow classroom instruction. Hearing Decision at 9, ¶ 32; Record at 721-22. In January 2009, SM’s math/science and humanities teachers reported that he was dragging his feet, having trouble completing work unless given individual attention, and struggling to complete homework. Hearing Decision at 9, ¶ 32; Record at 724, 726. The Parents reported that they believed that SM was completing his homework based on his own report. Id. Ms. Doe requested that she be informed of homework assignments so that she could work with SM on them. Id. 38.In February, SM’s math/science teacher continued to express concern that he did not understand the material and was giving up easily. Hearing Decision at 9, ¶ 32; Record at 727. By the end of February, SM’s humanities teacher reported to the Parents that he had been working hard on his writing, and his motivation had improved. Hearing Decision at 9, ¶ 32; Record at 728-29. Ms. Doe remained in contact with SM’s teachers. Hearing Decision at 9, ¶32; Record at 732-40. By May, one teacher was reporting that SM’s confidence and self-direction had slipped and that he had reverted to not knowing what to do or how to get started. Hearing Decision at 9, ¶ 32; Record at 738. Although Ms. Goodwin was SM’s case manager and believed that teachers kept her informed regarding hi m, she was not copied on most of the emails between the teachers and the Parents. Hearing Decision at 9-10, ¶ 32; Record at 711-38. 39. Michelle Raber, SM’s seventh-grade math and science teacher, found that he was not as motivated as other students. Hearing Decision at 10, ¶33; Testimony of Michelle Raber (“Raber ”) at 786. SM received grades ranging from a B to a D +, and Ms. Raber noted that his work habits fluctuated, improving during the second trimester but declining during the third trimester after he received the laptop that had been designated a reward by the Parents. Hearing Decision at 10, ¶ 33; Raber at 786-96; Record at 936. Ms. Raber helped SM organize his notebook and found that, if she held his feet to the fire, he could complete his work. Hearing Decision at 10, ¶ 33; Raber at 792. 40. Beth Fenwick, SM’s seventh-grade reading, English, and social studies teacher, taught him for nearly two hours every day. Hearing Decision at 10, ¶ 34; Testimony of Beth Fenwick (“Fenwick ”) at 804. SM responded well to individual attention from her and became dependent on her to get work completed. Hearing Decision at 10, ¶ 34; Fenwick at 806-07. She observed that he needed instructions to be broken into steps. Hearing Decision at 10, ¶ 34; Fenwick at 811. E. Eighth Grade, Greely Middle School, 2009-10 41. Shortly after the start of SM’s eighth-grade year in the fall of 2009, he began showing defiance and was unable to engage even when redirected by a teacher. Hearing Decision at 10, ¶ 35; Goodwin at 631-32. Mark Phillips, SM’s language arts and reading teacher, offered to meet with him twice a week after school, which worked for a while but ended when scheduling difficulties arose. Hearing Decision at 10, ¶ 35; Testimony of Mark Phillips (“Phillips”) at 816-17, 820-21, 825-26. The Parents believed that eighth grade was much worse for SM. Hearing Decision at 10, ¶ 35; Mr. Doe at 115. His maturity level increased, and he began to suspect that others felt he was stupid. Id. The family contracted with a tutor to work on SM’s social skills. Id. 42. Shortly after the start of eighth grade, SM scored “partially proficient” in reading and “substantially below proficient” in math on New England Common Assessment Program (“NECAP”) tests. Hearing Decision at 10, ¶ 36; Record at 255-56. 43. In the fall of 2009, SM joined the cross country team. Hearing Decision at 10, ¶ 37; Ms. Doe at 568-69. In early October, he became ineligible to compete because he was not handing in work in his language arts class. Hearing Decision at 10, ¶ 37; Ms. Doe at 569-70. The Parents and Ms. Goodwin intervened and asked that he be allowed to stay on the team. Id.; Goodwin at 682-85; Record at 1011-12. Ms. Goodwin suggested to other school staff that SM’s “aspregery [sic] qualities” made it surprising that he had joined the team at all, and argued that because he was “lost a lot” and missed homework, he should not be penalized by being removed from the team. Hearing Decision at 10, ¶ 37; Record at 1011. Ms. Goodwin informed school staff that SM was “extremely spacey and floaty, and then when you confront him about this, he does get a little edgy and attitudeish” as his way of coping because all of his life, he was told he was “out of it.” Hearing Decision at 10-11, ¶ 37; Record at 1012. One teacher noted that, although he had informed SM that he was likely to become ineligible if he did not complete assignments, SM seemed to have forgotten the conversation the following week. Hearing Decision at 11, ¶ 37; Record at 1012. SM was allowed to continue on the team. Hearing Decision at 11, ¶ 37; Ms. Doe at 55; Goodwin at 685. 44. On October 14, 2009, SM’s 504 team met and made no significant changes to his section 504 plan. Hearing Decision at 11, ¶ 38; Record at 918. The plan did provide, for the first time, that SM would stay after school two nights a week for extra help. Record at 928. Mr. Phillips made himself available two days a week, on Tuesdays and Fridays, for after-school support, but no longer met with SM on Fridays after ski season started because the family traveled to their camp at Sugar-loaf to ski. Ms. Doe at 596-98; Phillips at 825-26. 45. In October and again in early November 2009, SM was disciplined at school for computer-related offenses in which he attempted to hack into school security systems. Hearing Decision at 11, ¶ 39; Record at 297, 1012-13, 1045. 46. On November 1, 2009, SM received his interim first-trimester grades, which increased the Parents’ concern because he had failing grades in three courses, including reading. Hearing Decision at 11, ¶ 40; Record at 282-87, 1058; Ms. Doe at 56; Mr. Doe at 117-18. Ms. Doe informed school staff that SM was reporting that he was bored and could not complete assignments. Hearing Decision at 11, ¶ 40; Record at 1058. Mr. Doe indicated that the Parents were frustrated and did not know where to turn for help for SM’s feelings of being lost and his loss of self-confidence. Hearing Decision at 11, ¶40; Record at 1061. Mr. Doe questioned school staff as to whether SM should repeat eighth grade or be placed in special education and advised that SM’s teachers should understand that, when they spoke, he heard only a portion of what was said due to his lack of attentional skills. Id. 47. On November 2, 2009, Ms. Doe sought Dr. Hunter’s advice. Hearing Decision at 11, ¶ 41; Record at 291. Dr. Hunter advised the Parents that SM needed increased support. Hearing Decision at 11, ¶ 41; Hunter at 214. On November 4, Ms. Goodwin reported to school staff that SM was going into “overwhelmed mode,” causing his ADHD to intensify and resulting in his “grasping very little of his education.” Hearing Decision at 11, ¶ 41; Record at 1066. 48. On November 9, 2009, the family contracted with tutor Biz Houghton to work with SM once a week on the skills involved in executive functioning, processing, and organizing. Hearing Decision at 11, ¶ 41; Ms. Doe at 573. That same day, Ms. Goodwin arranged for an educational technician to work with SM two periods a week during study halls. Hearing Decision at 11, ¶ 41; Record at 1070. On November 10, the family requested additional support for SM at school and formally sought a referral to special education. Hearing Decision at 11, ¶ 41; Record at 922. 49. An initial IEP meeting was held on December 2, 2009, during which SM’s team discussed his academic progress and determined his testing needs. Hearing Decision at 11, ¶ 42; Record at 916-17, 923. The Parents consented to testing, although specific testing was not identified pending an evaluation with Dr. Hunter for which the Parents had arranged to pay. Hearing Decision at 11, ¶ 42; Record at 916, 918-19. The family also agreed to continue to pay for Ms. Houghton to tutor SM in organizational skills. Hearing Decision at 11, ¶ 42; Record at 916. 50. Following the school holiday break, Ms. Goodwin observed that SM was more defiant and choosing not to engage. Hearing Decision at 11, ¶ 43; Record at 1095; Goodwin at 695. Ms. Goodwin and Dr. Hunter were concerned that SM was at risk for substance abuse. Hearing Decision at 11, ¶ 43; Hunter at 220; Goodwin at 696. 51. On February 11, 2010, Ms. Doe spoke with Ms. Goodwin, who relayed.to other school staff that SM had disclosed to Ms. Doe that he felt that his teachers were telling him that he was failing, that he did not understand much of the subject matter in his classes, and that he was not getting enough help. Hearing Decision at 12, ¶ 44; Record at 1134. The Parents also informed Ms. Goodwin that SM was detached at home and never smiled anymore and that they were very concerned about his well-being. Hearing Decision at 12, ¶ 44; Record at 1140. SM’s physical education teacher reported that she was very worried about SM based on his non-participation in class, noting that no matter what game was being played, SM put his hands in his pockets, stood still, and refused to engage. Hearing Decision at 12, ¶ 44; Record at 1137. She noted that SM would often let a ball hit him in the head and not try to catch or dodge it. Record at 1137. SM’s social studies teacher reported that he was concerned about SM and had been unable to connect with him. Hearing Decision at 12, ¶ 44; Record at 1138. He noted that SM was disengaged, did low quality work, and was not energized even by hands-on activities. Id. SM’s math/science teacher reported that she had SM sit next to her and checked in on him often, but even so, SM worked only when prompted to do so and then, only for a minute or two at a time. Hearing Decision at 12, ¶ 44; Record at 1142. 52. In February 2010, school psychologist Peggy Bickford submitted an evaluation of SM. Hearing Decision at 12, ¶ 45; Record at 880. Ms. Bickford observed SM in several classes, and noted that he was disengaged, his contributions were minimal, he arrived to classes unprepared, and he produced significantly less work product than other students. Hearing Decision at 12, ¶ 45; Record at 882. In evaluations submitted to Ms. Bickford, SM’s teachers rated him as demonstrating at-risk behaviors and adjustment challenges in the areas of attention, learning problems, social skills, study skills, and communication skills. Hearing Decision at 12, ¶ 45; Record at 884. They also noted that he was minimally engaged. Hearing Decision at 12, ¶ 45; Record at 881. 53. Ms. Bickford concluded that it was unclear why SM had not internalized a work ethic and did not have a desire to engage positively in the learning process. Hearing Decision at 12, ¶ 45; Record at 885. She observed that, over time, there had been inconsistencies in holding SM accountable for producing work and demonstrating proactive learning strategies. Id. She opined that he was consciously choosing not to engage, with few consequences. Id. She concluded that SM was at great risk for failure in high school without behavioral supports in place, and that until he was held accountable for his behavior, there likely would be little change. Id. She observed that his school adjustment did not appear to be remediated by the section 504 accommodations. Id. 54. Ms. Bickford recommended that SM receive direct instruction in organization, have tasks broken into steps, and receive support in starting and completing homework. Id. She also recommended a behavioral plan to be implemented with parent support that held the student accountable and had relevant consequences. Id. She suggested that SM be taught note-taking skills and be held accountable for taking notes during class. Id. She also suggested that SM’s IEP team consider whether he required remediation in math skills and develop a positive support plan, to be reinforced by the Parents and teachers, for the completion of work. Id. She recommended that a decision be made promptly about his ninth-grade year to facilitate the development of a plan to transition him to high school. Hearing Decision at 12, ¶ 46; Record at 886. She concluded that SM should be required to demonstrate some commitment and effort before the Parents invested in a costly private school placement. Hearing Decision at 12-13, ¶ 46; Record at 886. 55. GMS special education teacher Carol Robinson also produced an academic achievement summary report for SM’s IEP team. Hearing Decision at 13, ¶ 47; Record at 887-91. Achievement testing revealed that SM’s calculation, math fluency, writing fluency, and broad math skills were low or low average but that all of his other skills were average or above average. Hearing Decision at 13, ¶ 47; Record at 888. In a formal observation of SM, Ms. Robinson noted that he was sitting in the back corner of the room with his back to the teacher, was exempted from taking a quiz because he had not completed his work, and was working with an educational technician. Hearing Decision at 13, ¶ 47; Record at 892. She concluded that SM was somewhat disengaged from the classroom and that his physical location in the back of the room made it easy for him to disengage. Id. She made no recommendations. Hearing Decision at 13, ¶ 47; Record at 891. 56. In March 2010, Dr. Hunter issued her report of her reevaluation of SM. Hearing Decision at 13, ¶ 48; Record at 893; Hunter at 228. Dr. Hunter found that SM had a communication disorder, a significant degree of disengagement, significant obsessive interests, highly inflexible behaviors and traits, a tendency to decline during periods of transition, dysregulation of mood, a blunted affect, and anxiety. Hearing Decision at 13, ¶ 48; Hunter at 228-30. She found that he harbored revenge fantasies but did not understand what the outcomes would be if he took those actions. Hearing Decision at 13, ¶ 48; Hunter at 233. 57. Dr. Hunter’s testing suggested that SM’s memory skills were highly erratic, his intellectual potential within language domains was excellent, his executive mental functions showed significant weaknesses, and his pragmatic language and fluent conversational skills showed mild impairment. Hearing Decision at 13, ¶ 49; Record at 903-04. He also tested in the 1st percentile in math fluency. Hearing Decision at 13, ¶ 49; Record at 901. 58. Dr. Hunter concluded that SM had a puzzling diagnostic profile that was not easily captured in a discrete category but that he was best understood as being on the autism spectrum and having Asperger’s Syndrome. Hearing Decision at 13, ¶ 50; Record at 904. She concluded that he met the diagnostic criteria with respect to communication deficits, impairments of social perception, special interests, and problems with adaptive functioning, impacting his academic, behavioral, emotional, motor, and interpersonal functioning. Id. 59. Dr. Hunter found that SM needed a motivational environment, accommodation of core weaknesses of working memory and processing speed, and remediation of a learning disability in mathematics. Hearing Decision at 13, ¶ 51; Record at 906. She suggested modifying SM’s environment, instruction, and curriculum, suggesting, for example, a modified school day with less work, more individualized instruction, and a smaller environment. Hearing Decision at 13, IT 51; Record at 907. 60. Dr. Hunter disagreed with the approach advocated by Dr. Bickford of holding SM accountable, believing that SM did not have the skills needed to be accountable. Hearing Decision at 13, ¶ 52; Hunter at 226-27. She advocated building a plan that identified SM’s skill deficits as well as his psychological needs. Hearing Decision at 13-14, ¶ 52; Hunter at 227. 61. At the next IEP team meeting on March 5, 2010, SM was identified as eligible for special education under the category of multiple disabilities, listed as autism, other health impairment (ADHD), and a specific learning disability (in math). Hearing Decision at 14, ¶ 53; Record at 854, 856. Dr. Hunter advocated for brain-based- interventions, with the hope of changing SM’s behavior so that he would become more engaged in learning. Hearing Decision at 14, ¶ 53; Record at 1023-24. 62. SM’s IEP called for specially designed instruction for nine blocks of 45 minutes each week, as well as social work services for one hour per month. Hearing Decision at 14, ¶ 54; Record at 868. The IEP contained goals related to organization and work completion, basic math skills in multiplication and division, and social worker consultations with staff. Hearing Decision at 14, ¶ 54; Record at 865-67. The IEP indicated that a behavioral plan was not needed, but called for homework assignments to be written down for the Parents to see and for classroom expectations to be modified. Hearing Decision at 14, ¶ 54; Record at 863, 869. The written notice from the meeting also noted that SM would be withdrawn from Spanish, continue his weekly counseling sessions with Ms. Goodwin, and continue to receive all of the accommodations included in the section 504 plan. Hearing Decision at 14, ¶ 54; Record at 854. 63. Although Dr. Hunter did not see the IEP at the time that it was developed, she testified, based on a later review, that it was not appropriate for SM. Hearing Decision at 14, ¶ 55; Hunter at 235-36. She testified that the instructional goals were not sufficiently specialized for SM and did not build upon his interests. Hearing Decision at 14, ¶ 55; Hunter at 236-44. She concluded that the IEP did not reflect the complexity of his needs. Hearing Decision at 14, ¶ 55; Hunter at 241-42. 64. Also in March 2010, the Parents contracted with a private speech-language pathologist to provide SM with social cognition therapy. Hearing Decision at 14, ¶ 56; Record at 370. The pathologist met with SM three times, but the service was discontinued due to SM’s lack of engagement. Id. 65. In mid-April, Ms. Houghton reported that SM was not engaging and had “not caught on to the modeling of a system,” likely because of his overall disinterest in school. Hearing Decision at 14, ¶ 57; Record at 379-80. The family stopped the tutoring service. Hearing Decision at 14, ¶ 57; Ms. Doe at 585. 66. SM’s IEP was modified in May 2010 to include a transition plan and a change in his case manager from Ms. Robinson at GMS to Cynthia Lasher at Greely High School (“Greely High”). Hearing Decision at 14, ¶ 58; Record at 837, 848-50. The modification was forwarded to the Parents in June. Hearing Decision at 14, ¶ 58; Record at 837. 67. Ms. Robinson, who was assigned as SM’s' special education teacher, worked with him four days a week, for an hour and a half per day, from March 2010, when he was identified as eligible for special education, to the end of his eighth grade school year. Hearing Decision at 14, ¶ 59; Testimony of Carol Robinson (“Robinson”) at 850, 852, 876. She focused on math during their sessions and also helped him organize assignments. Hearing Decision at 14, ¶ 59; Robinson at 851. She did not undertake individualized lesson plans to teach SM organizational and executive functioning skills. Hearing Decision at 14, ¶ 59; Robinson at 884. Ms. Goodwin perceived that after SM began working with Ms. Robinson he had less difficulty with work refusal, and his work production improved. Hearing Decision at 14-15, ¶ 59; Goodwin at 635-36. 68. As of June 2010, Ms. Robinson graded SM as partially meeting his annual goals of learning his multiplication facts and single- and multi-digit division terms, completing homework and classwork assignments, and obtaining grades of C or better. Hearing Decision at 15, ¶ 60; Record at 455-56. 69. During the spring of 2010, the family explored alternative placements for ninth grade, including Casco Bay High School, Hebron Academy, and Waynflete Academy, as well as several out-of-state residential options. Hearing Decision at 15, ¶ 61; Mr. Doe at 483-84; Ms. Doe at 585-86, 593. The family also sought information about a program at Greely High called the Small Learning Community, a group of 60 students taught by three teachers in a team teaching model. Hearing Decision at 15, ¶ 61; Ms. Doe at 586-87; Wheeler-Abbott at 744. Ms. Goodwin informed the family that she did not have a clear understanding of how to get SM selected for this small program. Hearing Decision at 15, ¶ 61; Record at 411. Ms. Wheeler-Abbott thought that the Small Learning Community would be good for SM. Hearing Decision at 15, ¶ 61; Wheeler-Abbott at 744. 70. By the beginning of June 2010, SM had either been rejected by, or did not seem a good fit for, all of the high schools that had been explored by the family except for Franklin Academy in Connecticut. Hearing Decision at 15, ¶ 62; Ms. Doe at 585-89. On June 4, 2010, Ms. Doe requested information about the transition to Greely High, inquiring when the IEP team would meet to work on the transition and whether high school staff would be part of the transition plan. Hearing Decision at 15, ¶ 62; Record at 1179. When school staff sought to schedule an IEP team meeting in September, Ms. Doe requested that it be held earlier. Hearing Decision at 15, ¶ 62; Record at 424-25. Because many school staff were unavailable due to end of the school year activities, no IEP team meeting was scheduled, but Ms. Doe met on June 15, 2010, with a few staff members. Hearing Decision at 15, ¶ 62; Ms. Doe at 590-93; Goodwin at 639-40. The District would have held a transitional meeting just before or just after the start of the school year in the fall, once it knew who SM’s case manager and guidance counselor would be. Hearing Decision at 15, ¶ 62; Goodwin at 708. 71. Ms. Doe, Ms. Goodwin, Ms. Lasher (who was expected to be SM’s special education teacher/case manager in high school), and Ms. Robinson attended the June 15 staffing meeting. Hearing Decision at 16, ¶ 65; Ms. Doe at 590-91. School staff members were unable to answer Ms. Doe’s questions as to whether SM would be placed in the Small Learning Community and who would be his special education teacher and social worker. Hearing Decision at 16, ¶ 65; Ms. Doe at 591-92. Staff members were not ready to answer those questions because they were not yet prepared for SM’s transition meeting, which would have happened in late summer or early fall. Hearing Decision at 16, ¶ 65; Goodwin at 640, 707-08. After the meeting, Ms. Goodwin reported to Ms. Wheeler-Abbott that the meeting was disorganized and that Ms. Lasher did not have a clear plan on how she was going to support SM. Hearing Decision at 16, ¶ 65; Record at 832. 72. At Greely High, SM’s social worker would have been Peter Scott, and his behavioral strategist would have been Nancy Dwyer. Hearing Decision at 16, ¶ 66; Testimony of Peter Scott (“Scott ”) at 912; Testimony of Ann Nunery (“Nunery ”) at 944-45. Ms. Robinson learned at some point near the end of the school year that she would be transferring to the high school the following year, meaning that she likely would have remained SM’s special education teacher, but it is unclear when this information was conveyed to the Parents. Hearing Decision at 16, ¶ 66; Ms. Doe at 593; Robinson at 858-60. 73. Just prior to the June 15 staffing meeting, the family submitted an application for SM to attend Eagle Hill School (“Eagle Hill”), a residential school in Hardwick, Massachusetts. Hearing Decision at 15-16, ¶ 65; Ms. Doe at 590; Record at 435-15. 74. The family did not think that the IEP, as amended on May 19, 2010, and sent to them on June 16, 2010, was sufficiently individualized to address SM’s needs. Hearing Decision at 16, ¶ 67; Mr. Doe at 367-68; Record at 835. The Parents were concerned that SM was not learning to learn. Hearing Decision at 16, ¶ 67; Mr. Doe at 368. They were also concerned that SM would be pulled out of regular education 40 percent of the time, even though he learned best in a small, collaborative environment. Hearing Decision at 16, ¶ 67; Mr. Doe at 401-02. The Parents felt that the IEP did not tap into SM’s motivations. Id. They were concerned that, although SM did not resist being placed in special education, he would resist being singled out and pulled out of classes. Hearing Decision at 16, ¶ 67; Mr. Doe at 403. 75. Dr. Hunter believed that, to succeed in high school, SM needed to get a grounded sense of himself as a student, be engaged at the level of shared ideas or concepts, be educated in a smaller setting in which educators would know him well, understand the complexity of his profile, and have the resources and ability to work through his multi-level needs. Hearing Decision at 16, ¶ 67; Hunter at 249-50. 76. The 2009-10 school year ended on June 21, 2010. Hearing Decision at 16, ¶ 68; District’s Brief at 30; Parents’ Brief at 23. SM received one B, one C + , and four Cs for his third trimester of eighth grade. Hearing Decision at 15, ¶ 63; Record at 457. Mr. Phillips, SM’s eighth-grade language arts and reading teacher, observed that SM was very quiet, tended not to contribute to class conversation, and was reading at grade level. Hearing Decision at 15, ¶ 64; Phillips at 819-20. Mr. Phillips observed that SM sometimes struggled to get started when asked to write. Id. Mr. Phillips found that, when he did meet with SM individually, his presence alone helped SM accomplish his writing tasks. Hearing Decision at 15, ¶ 64; Phillips at 820-21. He observed an improvement in SM’s work product once he was identified as eligible for special education and Ms. Robinson began to help him with work completion. Hearing Decision at 15, ¶ 64; Phillips at 826-27. 77. By letter dated June 23, 2010, Eagle Hill informed the family that SM had been accepted for admission. Hearing Decision at 16, ¶ 69; Record at 463. On June 25, 2010, the family forwarded a check in the amount of $36,181 to Eagle Hill, representing a $7,500 deposit, $24,811 for one-half of the total tuition due for the 2010-11 school year, and $3,800 for a student account. Hearing Decision at 16, ¶ 69; Record at 467. The family on that date also signed a contract indicating that enrollment could be withdrawn without further obligation only through June 1, 2010, and that “[acceptance of enrollment constitutes an agreement to pay the full academic year’s charges[.]” Record at 473-74. The Parents indicated, in a letter accompanying the check, that enrollment forms would be faxed the following Monday. Hearing Decision at 16, ¶ 69; Record at 467. Eagle Hill considered SM to be enrolled for the 2010-11 school year as of July 1, 2010. Record at 474, 477. 78. By letter dated August 13, 2010, the Parents informed the District that they were placing SM at Eagle Hill for his ninth-grade year. Hearing Decision at 17, ¶70; Record at 478. They stated that they believed that SM required special education long before he was identified as eligible in March 2010 and that the IEP to be implemented at Greely High was not appropriate to address his special academic and functional needs. Id. 79. In late August 2010, several school staff members met to devise a behavioral plan for SM. Hearing Decision at 17, ¶ 71; Wheeler-Abbott at 746-47. The revised IEP included a draft behavioral plan that used “Malone Money” rewards to incentivize SM. Hearing Decision at 17, ¶ 71; Record at 793-94. The plan was developed without SM, although school staff anticipated that it would be revised once his input was obtained. Hearing Decision at 17, ¶ 71; Wheeler-Abbott at 747-48. A behavioral goal was added to the IEP along with the behavioral plan, SM’s social work goal was revised, and the IEP was forwarded to the family on August 27, 2010. Hearing Decision at 17, ¶ 71; Record at 829. Mr. Doe did not believe that the Malone Money reward system would work because it was too juvenile and did not play to SM’s interests. Hearing Decision at 17, ¶ 71; Mr. Doe at 396-97. 80. Although SM was not returning to the District, an IEP team meeting was held on September 16, 2010, and further changes were made to his IEP. Hearing Decision at 17, ¶ 72; Record at 795-97. At the meeting, the Parents expressed concern that school staff had not taken the time to get to know SM and understand his interests, that SM would not buy into the behavioral plan as developed, and that the transition to Greely High was not sufficiently supportive. Hearing Decision at 17, ¶ 72; Record at 796. The Parents agreed that, if SM returned to the District, he would participate in the modification of the behavior plan. Id. The revised IEP, sent to the family on September 22, 2010, reflected the longer blocks in the high school class schedule and contained modifications to SM’s social work and behavioral goals. Hearing Decision at 17, ¶ 72; Record at 811, 813, 815, 817, 819. F. Ninth Grade, Eagle Hill School, 2010-11 81. SM attended ninth grade at Eagle Hill. Hearing Decision at 17, ¶ 73; Ms. Doe at 594-95. All of the students at Eagle Hill have been diagnosed with a learning disability, including executive functioning disorders and ADHD. Hearing Decision at 17, ¶ 73; Testimony of Sara Kaplan (“Kaplan ”) at 412. SM’s day at Eagle Hill was structured, beginning at 6:45 a.m. and ending at 8:00 p.m. Hearing Decision at 17, ¶ 73; Kaplan at 413-14. Academic classes at Eagle Hill have a maximum of eight students, allowing instructors to work individually with students. Hearing Decision at 17, ¶ 73; Kaplan at 414. Each dorm floor has a dorm counselor and, during study halls, dorm counselors and teachers are present on the dorm floors. Hearing Decision at 17, ¶ 73; Kaplan at 415, 448-50. The staff at Eagle Hill seek to form bonds with the students, take into consideration their strengths and weaknesses, and encourage productivity. Hearing Decision at 17, ¶ 73; Kaplan at 416. 82. Sara Kaplan was SM’s ninth-grade academic advisor at Eagle Hill. Hearing Decision at 17, ¶ 73; Kaplan at 411-12. Her role was to devise his academic schedule, provide academic and personal support, and maintain contact with his parents. Hearing Decision at 17-18, ¶ 73; Kaplan at 411-12. 83. At Eagle Hill, the school year is divided into nine terms of 21 days each. Hearing Decision at 18, ¶ 74; Kaplan at 417. SM was required to take core classes but was able to select various electives. Id. Ms. Kaplan drafted his IEP based on his prior educational records. Hearing Decision at 18, ¶ 74; Kaplan at 423-24. The IEP was designed to give teachers ideas to draw upon. Hearing Decision at 18, ¶ 74; Kaplan at 424. Eagle Hill incorporates a set of accommodations into expectations for all students. Id. 84. SM quickly earned the privilege of self-study, meaning that he did not need to have a proctor check off that his homework was completed, because Kaplan gauged that he was able to do his work independently on a consistent basis. Hearing Decision at 18, ¶ 75; Kaplan at 424, 450. Shortly after his arrival at Eagle Hill, SM took a Terrallova test that showed high mastery in reading and moderate mastery in all language and mathematics objectives. Hearing Decision at 18, ¶ 75; Record at 524. 85. SM seemed happy at Eagle Hill until March 2011, when he became melancholy after a close friend left the school. Hearing Decision at 18, ¶ 76; Mr. Doe at 377. When SM came home that month, he reported that he had been punched in the leg by another student. Hearing Decision at 18, ¶ 76; Mr. Doe at 380-81. The Parents relayed this to Ron Baglio, Eagle Hill’s assistant headmaster for student life, who persuaded them that, to deal with the situation effectively, he needed to address it directly with the other student. Mr. Doe at 381-82; see also Record at 659. 86. The student surmised that SM was the one who had reported hi m, and upon SM’s return from break, “the dorm was exploding with calling [SM] a rat.” Mr. Doe at 382. The Parents persuaded a tearful SM to finish the week at school and then brought him home, where he remained for a week. Id. at 382-84. Upon returning home, SM kept repeating, “I can’t go back to that school.... I can’t do it.... I will do anything not to have to go back” and later “began to shake uncontrollably and became physically sick.” Record at 674. Dr. Hunter met with SM while he was home and concluded that he was suffering from situational depression due to his conflict with the other Eagle Hill student. Hearing Decision at 18, ¶ 76; Hunter at 255-57. 87. While SM was away, Ms. Kaplan remained in contact with him to assure him that his return would be handled well. Hearing Decision at 18, ¶ 76; Kaplan at 433. During that time, Mr. Baglio met with the other student and his parents, warning that any further badgering by the student or his friends would result in their eviction from school, and Mr. Baglio and Ms. Kaplan planned SM’s reentry, including arranging for the services of a handpicked counselor for SM. Mr. Doe at 383-84, 388. Even the Eagle Hill headmaster became involved. Id. at 388. SM returned to Eagle Hill, after which Ms. Kaplan checked in with him regularly and concluded that he was doing well, seemed happy, and was participating in his classes. Hearing Decision at 18, ¶ 76; Kaplan at 433-34. SM was able to return to school, befriend the peer in question, join the school’s tennis team, and enjoy a strong finish to the year. Record at 689; Mr. Doe at 385-86, 389-91; Kaplan at 433-36. 88. At the end of the school year, SM was nominated for an English department award for writing. Ms. Doe at