Full opinion text
OPINION & ORDER KENNETH M. KARAS, District Judge: Plaintiffs W.A. and M.S. (collectively, “Plaintiffs” or the “Parents”) bring this action individually and on behalf of their son W.E. pursuant to the Individuals with Disabilities Education Act (“IDEA”), 20 U.S.C. § 1400 et seq., seeking to set aside two decisions of the New York State Review Officer (“SRO”) which found that the Hendrick Hudson Central School District (“Defendant” or the “District”) did not violate its “child-find” obligations under the IDEA and that it need not reimburse Plaintiffs for their unilateral placement of W.E. at the Northwood School (“North-wood” or the “School”) for the 2011-12 and 2012-13 school years. The Parties cross-move for summary judgment; Defendant moves to amend its Answer to add a counterclaim to seek reimbursement of certain monies it was ordered to pay Plaintiffs in connection with a subsequently reversed determination by one of the New York State Impartial Hearing Officers (“IHO”) who considered certain of the claims in this case; and Plaintiffs in their notice of motion request an order that Defendant pay them the sums requested by Defendant in their proposed counterclaim. For the reasons to follow, Defendant’s Motion is granted in part and denied in part, and Plaintiffs’ Motion is granted in part and denied in part. I. Background A. Factual Background The following facts are taken from the Parties’ Local Rule 56.1 Statements and the documents contained in the record. 1. W.E.’s Experience in the District At the time of the first hearing in this case, WE. was a fifteen-year-old ninth grade student attending a private residential school (“Northwood”) in New York, although he had attended public school in the Hendrick Hudson Central School District through eighth grade (the 2010-11 school year). (See Case I Hr’g Tr. 1632; Case I Joint Ex. 54 (Aug. 30, 2011 Withdrawal Letter); see also Def.’s Rule 56.1 Statement (“Def.’s 56.1”) ¶¶ 1-2 (Dkt. No. 34); Pls.’ Resp. to Rule 56 Statement (“Pls.’ 56.1”) ¶¶ 1-2 (Dkt. No. 40); Pls.’ Supporting Rule 56 Statement (“Pls.’ Cross 56.1”) ¶¶ 503-04 (Dkt. No. 41); Def.’s Resp. to Pls.’ Rule 56.1 Statement (“Def.’s Cross 56.1”) ¶¶ 503-04 (Dkt. No. 42).) W.E.’s early years in the District were generally successful: he performed well in elementary school, participated in a number of extracurricular programs, and began middle school engaged in academics, reading, art, music, and his friendships. (See Case I Hr’g Tr. 1633-36; Case I Pis.’ Ex. M (2007-08 Report Card); see also Pls.’ Cross 56.1 ¶¶ 11-17, 24; Def.’s Cross 56.1¶¶ 11-17, 24.) He began to encounter difficulties, however, in sixth grade, when he started to experience increasingly intense internal pain, which led to an emergency appendectomy. (See Case II Hr’g Tr. 816-17; see also Pis.’ Cross 56.1 ¶ 25; Def.’s Cross 56.1 ¶25.) W.E.’s pain was diagnosed as abdominal migraines, and he missed at least 26 days of school. (See Case I Joint Ex. 65 (6th grade attendance summary); see also Pls.’ Cross 56.1 ¶ 25; Def.’s Cross 56.1 ¶ 25.) The difficulties caused by W.E.’s migraines continued into the seventh grade (the 2009-10 school year), and he also began to experience more conventional migraines, leading him to miss at least as many school days as the year before. (See Case I Joint Ex. 66 (7th grade attendance summary); see also Def.’s 56.1 ¶ 6; Pls.’ 56.1 ¶ 6; Pls.’ Cross 56.1 ¶ 26; Def.’s Cross 56.1 ¶ 26.) According to M.S., by September 2009, W.E. had been begun experiencing these headaches “almost daily.” (See Case I Joint Ex. 1 (Apr. 23, 2010 email from M.S.); Pls.’ Cross 56.1 ¶ 77; Def.’s Cross 56.1 ¶ 77.) Although W.E.’s parents had initially thought they were related to temporomandibular joint dysfunction (“TMJ”), (see Case II Hr’g Tr. 817-18), abdominal migraines can evolve to become more classical migraine headaches, (see Case I Hr’g Tr. 889), consistent with W.E.’s experience. According to Dr. Michael Lasser (“Dr. Lasser”), W.E.’s pediatrician, W.E.’s migraines were chronic, “[profoundly severe,” and, “[i]n [his] opinion[,] ,.. impacted every aspect of [W.E.].” (Case I Hr’g Tr. 1495, 1509.) As M.S. explained, “whenever [W.E.] had a migraine, he was completely debilitated” and “couldn’t really do anything.” (Id. at 1660-61.) During the winter, M.S. requested a “team meeting,” (see Case I Hr’g Tr. 1641), and, additionally, in the third quarter when W.E. missed a number of days of school, the District held an “Instructional Support Team” (“1ST”) meeting in the spring of 2010 to discuss W.E.’s absences and “incomplete” grades, after which W.E. was allowed to make up his missing work, have his incompletes removed, and receive grades in the A or B range, (see Case I Hr’g Tr. 1198-200; see also Def.’s 56.1 ¶ 7; Pis.’ Cross 56.1 ¶ 7). By April 2010, when his headaches were “getting worse and worse,” M.S. referred W.E. to the Section 504 committee and sent a note to the guidance counselor requesting home instruction. (Case I Hr’g Tr. 1641.) According to Brooke Bolen (“Bolen”), a counselor and Section 504 case manager at Blue Mountain Middle School, (see id. at 1174-75), that tutoring was approved, (see id. at 1202-03), rendering W.E. eligible for four hours of tutoring in May 2010, (see Case I Def.’s Ex. 33 (Home Instruction Tutoring Form); see also Def.’s 56.1 ¶ 32; Pls.’ 56.1 ¶ 32). W.E. went on to receive scores on his state assessments that demonstrated mastery or proficiency in the subjects of English Language Arts and Math. (See Case I Def.’s Ex. 32 (Student Test Scores Detail); Def.’s 56.1 ¶ 13; Pls.’ 56.1 ¶ 13.) On May 25, 2010, as part of W.E.’s referral to the Section 504 committee, Dr. Richard Brodsky (“Dr. Brodsky”), the school psychologist, conducted a psycho-educational evaluation of W.E. (See Case I Hr’g Tr. 464-65; 698-99; Case I Joint Ex. 4 (“Brodsky Report”); see also Def.’s 56.1 ¶¶ 14-16; Pls.’ -56.1 ¶¶ 14-16.) In his report, Dr. Brodsky noted that his “[cjurrent impressions [of W.E.’s conditions] include a history of TMJ and a mixed headache disorder,” and described W.E. as “a soft-spoken 13-5 [sic] year old boy” who rarely smiled or engaged in casual conversation other than moments initiated by the examiner. (Brodsky Report 1-2.) As part of that evaluation, Dr. Brodsky performed the Woodcock-Johnson-III Tests of Cognitive Abilities (“WJ-III COG”), the Woodcock-Johnson-III Tests of Academic Achievement (“WJ-III ACH”), and the Behavior Assessment System for Children-Second Edition (“BASC-2”), in addition to interviewing teachers and reviewing pertinent records. (Id. at 1.) The WJ-III COG comprises seven subtests that measure a variety of cognitive skills, each with median scores of 100 and an average range of 80-120. (Id. at 2.) W.E. received a “General Intellectual Ability” standard score of 121, which equated to the 92nd percentile, placing him above the average range when compared to same-age peers. (Id.) The WJ-III ACH similarly involves a variety of subtests, for each of which W.E. received scores in the average to advanced range, except for math fluency, where his score fell in the “low average” range. (See id. at 3-4.) The BASC-2 test was completed by W.E. and two teachers. (Id. at 4.) The test produces “T scores” for a variety of areas, with a mean of 50 and an average range of 40 to 60, with scores outside that range being considered “At-Risk” (which “may identify a significant problem that may not be severe enough to require formal treatment or may identify the potential of developing a problem that needs careful monitoring”) or “Clinically Significant” (which “suggest[s] a high level of maladjustment”). (Id.) W.E. received two at-risk scores in (1) “Relations to Parents,” which Dr. Brodsky indicated was “reflective of the difficult communication patterns that often exist between parents and young teenagers,” and (2) “Attitude Towards School,” which “was marked by responses related to feeling bored with school and disliking school.” (Id.) The clinically significant score came from just one of the teachers and was in the area of “Somatization,” (id.), which Dr. Brodsky testified was “[p]hysical complaints, complaints of being ill,” (Case I Hr’g Tr. 716). In his report, Dr. Brodsky said that this clinically significant score “seems to [have] befen] directly related to moments where [W.E.] complain[ed] of not feeling well and ask[ed] to see the nurse.” (Brodsky Report 4.) In summary, Dr. Brodsky concluded that W.E. was a “pleasant 13-5 year old boy in the seventh grade,” who “showed above average intellectual potential overall,’’with weaknesses in “fine-motor skills.” (Id. at 5.) Although certain “[d]ata ... suggested] a high level of physical complaints during academics,” and “indications of a negative attitude about school and mild oppositional behavior at home,” “[n]o serious social-emotional concerns ha[d] been reported at th[e] time.” (Id.) Testifying about this test later, Dr. Brodsky indicated that “it was [his] 'hypothesis [that] there may have been emotional factors at play as opposed to skill deficit,” (Case I Hr’g Tr. 708.) Overall, Dr. Brodsky made three entries under the heading “Recommendations”: (1) “All relevant data and reports should be considered by the Section 504 Committee,” (2) “[t]eachers’ input about daily functioning and behavior will be essential in determining the impact of [W.E.]’s headaches,” and (3) “[a]ttitude towards school and oppositional behavior should be monitored for possible intervention.” (Brodsky Report 4.) On top of these written recommendations, Dr. Brodsky also testified that, when speaking with M.S., he “recommend[ed] that [the Parents] consider private therapy for [W.E.],” and that his third written recommendation was meant to be a “lead in” to a conversation in which he could recommend therapy to the Parents. (See Case I Hr’g Tr. 720-22; see also Case I Hr’g Tr. 752-53.) On June 14, 2010, the Section 504 committee met and, finding W.E. eligible for services based upon his migraine disability, developed a Section 504 accommodation plan. (See Case I Joint Ex. 11 (Section 504 Accommodation Plan); see also Def.’s 56.1 ¶¶ 9-10; Pls.’ 56.1 ¶¶ 9-10; Pis.’ Cross 56.1 ¶ 90; Def.’s Cross 56.1 ¶ 90.) Under that plan, W.E. was to receive accommodations consisting of extended time to complete assignments, nursing services as needed, access to class notes, and access to home tutoring. (See. Case I Joint Ex. 11 (Section 504 Accommodation Plan); see also Def.’s 56.1 ¶ 11; Pis.’ 56.1 ¶ 11.) According to Kathleen Coughlin. (“Coughlin”), director of Pupil Personnel Services for the District, . that plan did not include “school monitoring” of W.E. (See Case I Hr’g Tr. 389.) The extent to which Dr. Brodsky recommended counseling at the Section 504 meeting is not perfectly clear: While he may well not have formally recommended private counseling at that meeting, (see Case I Hr’g Tr. 1654-55 (“Q. Beyond the accommodation plans, were there any recommendations discussed [at the Section 504 Committee meeting]? ... A. No, at that point,-I was very optimistic about [W.EJs future[;] I thought he was doing very well. There were no other recommendations discussed.”)), he did recommend it to M.S., (see id. at 720-21), and later suggested that he made a reference to it when speaking at least to M.S. at the meeting, (see id. at 752-53 (“Q. Yet you do recall specifically stating to [M.S.] in June of 2010 that you were recommending or you recommended private counseling for [W.E.]? A. Yes. Q. What context did that take place [in]? A. At the conclusion of that meeting as we discussed my recommendations, I remember sitting directly across the table from [M.S.] at that particular meeting and trying to sensitively suggest and recommend that private therapy would be a consideration.”)). In any event, Dr. Brodsky testified that he recommended “private”—that is, not “school-based”—therapy because “[i]t was [his] impression that many of the[ ] issues that seemed to exist were based in the relationships that were occurring at home with [W.E.] and his parents, and that it would be inappropriate and likely ineffective to try and address that in a school-based counseling session.” (Id. at 722-23.) In September 2010, W.E. began eighth grade. (Pls.’ Cross 56.1 ¶ 105; Def.’s Cross 56.1¶ 105.) From the beginning, W.E.’s migraines caused additional problems for him, causing him to miss not only the first several days of school from September 27-29, 2010, but also causing him to miss over 100 days throughout the school year despite his ongoing efforts to attend. (See Case I Hr’g Tr. 883; Case I Joint Ex. 67 (8th grade attendance summary); Case I Joint Ex. 70 (8th Grade Report Card); see also Def.’s 56.1 ¶¶ 26-27; Pls.’ 56.1 ¶¶ 26-27; Pls.’ Cross 56.1 ¶¶ 106, 108-09, 111-12, 126, 130; Def.’s Cross 56.1 ¶¶ 106, 108-09, 111-12, 126, 130.) During this time, M.S. emailed W.E.’s teachers and other District employees frequently, whom she found supportive and helpful and who emailed W.E.’s missing homework. (See Case I Hr’g Tr. 1661; Case I Joint Exs. 22, 23) (emails reflecting communications between M.S. and school employees); Case I Pis.’ Exs. T, V, W, X (same). In some circumstances, the teachers waived homework assignments for W.E. (See Case I Pis.’ Exs. DD, GG.) Unsurprisingly, W.E.’s migraines had a particularly strong impact upon his eighth grade year: Socially, W.E. was “out of the loop” in school, became more socially isolated, and, according to Dr. Andrew Robins (“Dr. Robins”), felt behind his friends. (See Case I Hr’g Tr. 1016, 1041-42; see also Pis.’ Cross 56.1 ¶¶ 128-29; Def.’s Cross 56.1 ¶¶ 128-29.) Medically, in M.S.’s view, the stress that W.E. felt from school made his headaches worse. (See Case I Joint Ex. 31 (Section 504 and CSE referral email chain); see also Pis.’ Cross 56.1 ¶ 127; Def.’s Cross 56.1 ¶127.) Academically, although W.E. regularly earned As and Bs in his first quarter of school, earned a proficient score on the English Language Arts exam, and an 82 on the Regents state algebra exam, (see Case I Hr’g Tr. 420-21, 990; Case I Joint Ex. 70 (8th Grade Report Card); see also Def.’s 56.1 ¶¶ 28-29, Pls.’ 56.1 ¶¶ 28-29), he also struggled, dropping his accelerated Enriched English class, taking a “medical” with no academic credit in most classes, and missing the Regents Exam in biology, the state math assessment, and over 30 days of school after April 15, 2011, (see Case I Hr’g Tr. 1247, 1308, 1335-37, 1687; Case I Joint Ex. 70 (8th Grade Report Card); see also Def.’s 56.1 ¶¶ 30, 60; Pis.’ 56.1¶¶ 30, 60; Pls.’ Cross 56.1 ¶¶ 133-38; Def.’s Cross 56.1 ¶¶ 133-38). The Parties undertook certain actions with respect to W.E.’s conditions: For their part, W.E.’s parents sought treatment for W.E.’s condition, tried to coax him to attend school, had family members tutor W.E., and sought medical treatment from specialized doctors. (See Case I Hr’g Tr. 1664, 1718, 1910-11; see also Pis.’ Cross 56.1 ¶¶ 140-41, 143; Def.’s Cross 56.1 ¶¶ 140-41, 143.) Additionally, as noted, under his Section 504 plan, W.E. was also entitled, through the District, to home tutoring. (Case I Joint Ex. 11 (Section 504 Accommodation Plan).) According to Bo-len, W.E.’s case manager for eighth grade, W.E. required tutoring services in fall of 2010 in connection with certain skills testing that W.E. was to go through as part of the curriculum. (See Case I Hr’g Tr. 1206-07; Case I Def.’s Exs. 46-48 (emails between M.S. and Bolen regarding tutoring).) To that end, W.E.’s appointed tutor was Jan Dyckman (“Mr. Dyckman”). (See Case I Hr’g Tr. 1206-07; Case I Def.’s Exs. 34 (tutoring records), 46-48 (emails between M.S. and Bolen re tutoring).) As a general matter, once a tutor has been secured for a student, school officials customarily leave it to the parent and the teacher to schedule the actual tutoring sessions, (see Case I Hr’g Tr. 1203), although school officials are ultimately responsible for ensuring that the tutoring occurred or to note why it failed to happen, (see id. at 355-56). And here, while Jacqueline Kila-nowski (“Kilanowski”), the guidance counselor who took over for Bolen, testified to being in touch with M.S. and W.E.’s teachers. concerning the tutoring, she did not confirm the number of hours of home instruction being provided. (See Case I Hr’g Tr. 1285,1332-33.) The records reflect that W.E. received at least some tutoring: According to the District’s timesheets, W.E. received one hour of tutoring from Mr. Dyckman on September 29, 201Q, two hours from Mr. Dyckman in November 2010, 2.5 hours from Donna Sullivan in April 2011, one hour from Timothy Cava-naugh in April 2011, 4.5 hours from Donna Sullivan in May 2011, three hours from Timothy Cavanaugh in May 2011, and 2.25 hours from Donna Sullivan in June 2011. (Case I Del’s Ex. 34 (timesheets).) According to Bolen, W.E. was not available to work during the time that he was out in November, (see Case I Hr’g Tr. 1276); however, Plaintiffs object to this assertion, noting that M.S. had indicated only that W.E. could not work with Mr. Dyckman, (compare Def.’s 56.1 ¶ 38, with Pis.’ 56.1 ¶ 38 (citing Case I Hr’g Tr. 1668; Case I Pis.’ Ex. V)), who, Plaintiffs assert, did not really tutor W.E., (see Pis.’ 56.1 ¶37), because, in M.S.’s view, he “really just supervised [W.E.] doing whatever work there was,” (Case I Hr’g Tr. 1667). Accordingly, M.S. emailed Dr. Alice Gottlieb (“Dr. Gott-lieb”), the Assistant Superintendent for Curriculum and Professional Personnel, on January 28,' 2011 to request a new tutor. (See Case I Joint Ex. 19.) Dr. Gottlieb promptly responded and said that she would help. (See id.) Nevertheless, according to M.S., she did not hear back and; so, reached out again in March, with home instruction ultimately recommencing for W.E. in April 2011. (See Case I Hr’g Tr. 1668-69.) In December 2010, M.S., informing the District that she perceived her son to be in “crisis,” (see Case I Hr’g Tr. 1682; Case I Joint Ex. 17 (Dec. 2010 email chain); see also Pls.’ Cross 56.1 ¶ 167; Def.’s Cross 56.1¶ 167), requested several types of action be taken by the District and/or school employees, including asking for class notes for W.E.’s science, French, and social studies class notes, (see Case I Joint Ex. 17 (Dec. 2010 email chain)). M.S. also contacted Dr. Brodsky for information about school-based counseling and interventions, in response to which Dr. Brodsky recommended “private relaxation counseling,” (See Case I Hr’g Tr. 1678-79; see also Pls.’ Cross 56.1 ¶¶ 156-57; Def.’s Cross 56.1 ¶¶ 156-57.) Furthermore, M.S. also requested a teacher team meeting, in response to which a team of W.E.’s teachers met the week before the break in December 2010, and at which they, with M.S. present, went through and modified W.E.’s outstanding assignments to determine what work needed to be made up. (See Case I Hr’g Tr. 1296-97; see also Def.’s 56.1 ¶ 51; Pls.’ 56.1 ¶ 51.) Additionally, by email dated December 13, 2010, M.S. requested a review of W.E.’s Section 504 Plan, and the District scheduled a Section 504 committee meeting for January 5, 2011. (See Case I Def.’s Ex. 7; see also Def.’s 56.1 ¶¶ 48-49; Pls.’ 56.1 ¶¶ 48-49.) This final meeting, however, never occurred because two days before the meeting, M.S. emailed Caroline Almeida (“Al-meida”), the District’s Assistant Director of Pupil Personnel, and indicated that, although she “[was] happy to meet if the team would like to or if [Almeida] ha[d] other ideas,” she “[did] not know if the meeting [was] necessary,” as W.E. had a “great [December] break,” was doing much better, and “ha[d] all the program modifications in place,” further noting that she “met with his team before break to make sure they understood what was going on.” (See Case I Def.’s Ex. 7; see also Def.’s 56.1 ¶¶ 52-53; Pls.’ 56.1 ¶¶ 52-53.) Throughout the spring, discussions concerning W.E.’s well-being continued: On March 15, 2011, M.S. emailed the school nurse and guidance counselor a copy of a report from Dr. Kitaj, which noted, among other things, that W.E. was taking a number of medications. (See Case I Joint Exs. 22 (Kitaj Report), 23 (email attaching Kitaj report).) The report indicated that W.E. “presented] with a diagnosis of migraine without aura” and that “[W.E.] confirm[ed] triggers of his headaches from stress.” (Case II Joint Ex. 22 (Kitaj report), at 2, 5.) In her email transmitting it to the school, M.S. characterized the report as “not[ing] that [W.E.] does have a severe migraine disability and that stress is one precipitating factor.” (Case I Joint Ex. 23 (email attaching Kitaj report).) Soon thereafter, on March 18, 2011, the 1ST had a meeting at which, among other things, it set its goal as to “ensure student receives tutoring.” (Case I Def.’s Ex. 16 (meeting overview); see also Pls.’ Cross 56.1 ¶ 173; Def.’s Cross 56.1 ¶ 173.) Additionally, on April 12, 2011, Plaintiffs referred W.E. to the CSE to determine whether he was eligible for special education services as a child with an “other health impairment” (“OHI”) and requested an emergency Section 504 meeting, which Almeida immediately scheduled for April 15, 2011. (Case I Hr’g Tr. 485; Case I Joint Exs. 28 (M.S. Referral Email), 30 (Section 504 Meeting Notice); see also Def.’s 56.1 ¶¶ 56-58; Pls.’ 56.1 ¶¶ 56-58.) At the April 15, 2011 Section 504 Committee meeting, the Committee recommended adding counseling to W.E.’s accommodation plan for the rest' of the year. (See Joint Ex. 35 (Section 504 accommodation plan), at 2.) Based on his prior relationship with W.E., Dr. Brodsky recommended that any such counseling occur outside, perhaps on a trail or ropes course. (See Case I Hr’g Tr. 744-45.) Nevertheless, Dr. Brodsky testified that he did not meet with W.E. to provide counseling because “[h]e was never available when [Dr. Brodsky] sought him out,” despite having called W.E.’s homeroom more than five times. (See id. at 746, 784.) Also at the Section 504 meeting, “[a] psychiatric evaluation was recommended to be conducted in preparation for the upcoming initial [Committee on Special Education (“CSE”) ] meeting.” (See Case I Joint Ex. 35, at '2.) The evaluation was scheduled to take place on May 5, 2011 with a psychiatrist named Dr. Hahn. (See Case I Hr’g Tr. 492; see also Pis.’ Cross 56.1 ¶ 189; Def.’s Cross 56.1 ¶ 189.) When Dr. Hahn spoke with M.S: on the phone, she offered to let him see W.E. at home, but Dr. Hahn indicated that he did not think it would be helpful to see W.E. in a migraine state at home and suggested that M.S. contact Dr. Cynthia Pfeffer (“Dr. Pfeffer”) at New York Presbyterian Hospital regarding pain management. (See Case I Hr’g Tr. 1700-03; see also Pls.’ Cross 56.1 ¶¶ 192-95; Def.’s Cross 56.1 ¶¶ 192-95.) M.S. did so, and Dr. Pfeffer referred her to another doctor, Dr. Daniel Williams (“Dr. Williams”). (See Case I Hr’g Tr. 1703-05; see also Pls.’ Cross 56.1 11196; Def.’s Cross 56.1 ¶ 196.) M.S. contacted Dr. Williams the same day, provided extensive background, and arranged to schedule an appointment. (See Case I Hr’g Tr. 1703-05; see also Pls.’ Cross 56.1 ¶ 197; Def.’s Cross 56.1 ¶ 197.) M.S. and W.E. then met with Dr. Williams on May 18, 2011, and W.E. had at least ,11 subsequent sessions with Dr. Williams by December 21, 2011. (See Case I Hr’g Tr. 882, 895, 934,1703-05; see also Pis.’ Cross 56.1 ¶!¶ 197-99; Def.’s Cross 56.1 ¶¶ 197-99.) Although Dr. Hahn did not meet with W.E. on the day when he spoke with M.S., he nevertheless prepared a report based on that consultation, (see Pls.’ Cross 56.1 ¶ 200; Def.’s Cross 56.1 ¶ 200), which noted that he suggested that “[the] best approach to assist [W-E.] would be to consider a multi-disciplinary approach,” recommending “a more holistic approach incorporating bio-feedback/relaxation techniques, mindfulness training, [and] play therapy,” and noting that “[a]ccess to an outdoor adventure[-]based program may be deemed to be one avenue to help,engage [W.E.] in learning coping mechanisms for stress.” (Case I Joint Ex. 43, at 2-3.) This did not, however, mark the end of the efforts of Dr. Hahn to meet with W.E., and M.S. testified that she scheduled an appointment with Dr. Hahn for June 1, 2011, (see Case I Hr’g Tr. 1717), but she canceled the appointment because W.E. was home with a migraine, (see id.; see also Pls.’ Cross 56.1 ¶ 202, Def.’s Cross 56.1 ¶ 202), although W.E. had seen a number of other doctors on different occasions while in the throes of a headache or migraine, (see Def.’s 56.1 ¶¶ 70-73; Pis.’ 56.1 ¶¶ 70-73). Additionally, according to Coughlin, M.S. accepted another appointment slot for W.E. with Dr. Hahn for July 19, 2011, which did not occur because W.E. was too anxious to' participate. (See Case I Hr’g Tr. 158-60; see also Def.’s 56.1 ¶ 68; Pls.’ 56.1 ¶ 68.) During that phone call, according to Coughlin, M.S; also indicated that they were considering placing W.E. at Northwood and that medical reports were forthcoming, but that she nonetheless wanted to secure a CSE' placement. (See Case I Hr’g Tr. 161-64; see also Def.’s 56.1 ¶ 69; Pls.’ 56.1 ¶ 69.) The initial CSE referral meeting was scheduled for W.E. for May 25, 2011, (see Case I Hr’g Tr. 503; see also Def.’s 56.1 ¶ 74; Pls.’ 56.1 ¶ 74), because, according to Almeida, it “had to be held by June 13th in order to be in compliance with the time-line, but [the] mom indicated that she was only available on Mondays and Wednesdays,”, and May 25 was “the only date prior to June 13th that was a Monday or Wednesday that was available,” (Case I Hr’g Tr. 503-04). In advance of that meeting, M.S. provided a revised social history for W.E., (see Case I Joint Ex. 40 (revised social history); see also Pis.’ Cross 56.1 ¶¶ 184-85; Def.’s Cross 56.1 ¶¶ 184-85); however, Plaintiffs did not ■ receive any written letter suggesting that a psychiatric evaluation may also be needed, (see Pis.’ Cross 56.1 ¶ 230 (citing Case I Hr’g Tr. 364); Def.’s Cross 56.1 ¶ 230), and the evaluation with Dr. Hahn, as discussed above, did not occur. According to Almei-da, the prospect of pressing on with the CSE meeting without a psychiatric evaluation concerned her because she “felt that they were critical for the committee to be able to make a decision not only on eligibility but [also] on ... an appropriate program,” and that she shared these concerns with Coughlin. (Case I Hr’g Tr. 505.) In advance of that meeting, the District' did not .conduct a classroom observation or include a parent as a member of the CSE, (see Pls.’ Cross 56.1 ¶¶ 204-05; Def.’s Cross 56.1 ¶¶ 204-05; see also Case I Joint Ex. 42 (letter notifying the Parents of the May 25, 2011 meeting and listing people expected to attend the meeting)), nor did the District list a reason for referral on its 504 Referral Form, (see Case I Joint Ex. 39 (504 Referral Form)), even though Coughlin testified that she “would typically expect there would be some information on” the form, (see Case I. Hr’g Tr. 336). The CSE meeting in fact went forward on May 25, 2011, (see Case I Joint Ex. 45 (CSE meeting attendance form); see also Pis.’ Cross 56.1 ¶ 208; Def.’s Cross 56.1 ¶ 208), and Plaintiffs take issue with several aspects of the meeting. For one thing, the Parents note that there was no parent member at the meeting. (See Case I Hr’g Tr. 233; Case I Joint Ex. 45 (CSE meeting attendance form); see also Pls.’ Cross 56.1 11204; Def.’s Cross 56.1 ¶204.) Additionally, Plaintiffs take issue with a number of the respects in which Almeida conducted the meeting, noting that Almeida opened the meeting by saying that she did not know if W.E. qualified to be classified or, if he did, whether the District had any placement options for him. (See Case I Hr’g Tr. 1708; Case I Joint Ex. 58 (Oct. 26, 2011 letter from M.S. to Coughlin), at 2; see also Pls.’ Cross 56.1 ¶ 209; Def.’s Cross 56.1 ¶209.) Furthermore, at the time of that meeting, according to Almeida, although she knew that W.E. had “numerous absences” and had “a lot of medical information speaking about a lot of physical impairments” and “[h]eavy duty medications, different doctors, [and] lots of medical type interventions,” she did not have “more holistic information” that “would give [the committee] a clearer picture of [W.E.]’s emotional needs” and did not know the specifics concerning his medications, frequency of absences, or that his migraines were growing worse. (See Case I Hr’g Tr. 513-16, 653-54, 657, 661.) Furthermore, while Almeida acknowledged that it was possible to classify W.E. as OHI, she did not, (see Case I Hr’g Tr. 662; see also Pls.’ Cross 56.1 ¶ 218, Def.’s Cross 56.1 ¶ 218), and questioned “[i]n [her] own head” whether W.E.’s pain in fact existed, (Case I Hr’g Tr. 678), and testified that, at the time of the meeting, she “had information that[,] on weekends and at nights[,] he was quite active going out with friends ... [,] and was still social and active on the weekend certainly,” specifically noting that “there was a concert in the city that was mentioned at this time,” (Case I Hr’g Tr. 517), although M.S. testified that during the period from November 2010 through January 2011, W.E. “had no social connections,” “no phone calls, ... no get togeth-ers with friends,” although he did, she said, have a small birthday party, (id. at 1664). Relatedly, Plaintiffs also object to the fact that Almeida shared an anecdote from her childhood about her father forcing her to go to school when she did not feel well, (see id. at 509-10), a story M.S. found “insulting” and “patronizing,” (id. at 1715). Finally, Plaintiffs contend that M.S. testified that no accommodations other than classifying W.E. as OHI were discussed at the meeting. (See Pis.’ Cross 56.1 ¶ 228 (citing Case I Hr’g Tr. 1712).) The Parents also note respects in which they were dissatisfied with the District’s conduct following the meeting. Specifically, they note that the District did not send out a notice concerning the status of W.E.’s referral after the meeting (or, for that matter, before), nor did it classify W.E. by June 13, 2011, (see Case I Hr’g Tr. 368-69; see also Pis.’ Cross 56.1 ¶¶ 229, 231; Def.’s Cross 56.1 ¶¶ 229, 231), the date by which Almeida had indicated that she wanted to hold W.E.’s CSE meeting. 2. Planning for W.E.’s Freshman Year In July 2011, Coughlin spoke with M.S. concerning whether she wished to pursue classification and an IEP for W.E. (See Case I Hr’g Tr. 159-60.) The CSE thereafter reconvened on August 26, 2011 and ultimately classified W.E. as a student with a disability under the classification of “Other Health Impairment,” (see Case I Hr’g Tr. 183; Case I Def.’s Ex. 30 (May 25, 2011 meeting notes); see also Def.’s 56.1 ¶ 79, Pis.’ 56.1 ¶ 79), and identified W.E.’s academic as well as social and emotional needs and goals, along with the modifications, services, and supports to meet them, (see Case I Def.’s Ex. 30 (May 25, 2011 meeting notes)). In advance of that meeting, the Parents submitted letters from Dr. Williams, Dr. Robins, and Dr. Lasser. (See Case I Joint Exs. 50a, 50b, 51.) In those letters, Dr. Williams recommended a “smaller school environment, with small classes, where [W-E.] [could] receive both supportive counseling and educational services that enable him to return to normal social and educational functioning,” (see Case I Joint Ex. 50a (Williams letter), at 2); Dr. Lasser recommended a “small supportive school environment,” (see Case I Joint Ex. 50b (Las-ser letter)); and Dr. Robins was of the view that “it [was] unlikely that [W.E.] [would] succeed in the 9th grade if he continue[d] in the mainstream public school system,” (see Case I Joint Ex. 51 (Robins letter), at 2). The CSE prepared a draft IEP for W.E., which listed a number of recommendations, including twice-weekly individual counseling services, program accommodations (comprising access to class notes, additional time for assignments, and nursing services as needed), and “Special Class” with student-to-staff ratio of “8:1:1,” although it left blank the field reserved for placement recommendations. (See Case I Joint Ex. 53, at 7-9.) To that end, Coughlin testified that, at the meeting, she discussed “two programs that [she] thought might be appropriate and be able to meet the needs that the committee had determined that [W.E.] had,” specifically the BOCES programs in Southern Westches-ter and Putnam Northern Westchester, (Case I Hr’g Tr. 179-80), although M.S., writing in an October 17, 2011 email to Coughlin, claimed that M.S. “stated that it was too late ... to seriously consider a CSE out of district placement ... ,■ given the late date of the [CSE] meeting,” (Case I Joint Ex. 56; see also Case I Joint Ex. 58 (Oct. 26, 2011 letter from M.S. to Coughlin) at 3). According to Coughlin, she described the referral process at the meeting and said that until the process was complete, neither proposal could be recommended as a final placement, but that, instead, all the CSE could offer was interim home instruction pending the expedited referral process. (See Case I Hr’g Tr. 191-95.) A bit later on, on November 2, 2011, the Parents received a draft IEP when copied on a letter from Coughlin to the intake coordinator at the Southern Westchester BOCES. (See Case I Joint Ex. 59.) Later that month, M.S. visited the Southern Westchester and W.A. visited the Putnam Northern Westchester program; however, M.S. indicated that W.E. would not be available to visit either. (See Case I Joint Ex. 63; Case II Hr’g Tr. 1168; see also Def.’s 56.1 ¶¶ 56.1 89-90; Pls.’ 56.1 ¶¶ 89-90.) During those visits, M.S. learned that the placements had a 12:1:1 student-to-teacher ratio, (see Case I Joint Ex. 63, at 2), rather than the 8:1:1 ratio listed on the draft IEP, (see Case I Joint Ex. 53, at 8; see also Pls.’ Cross 56.1 ¶¶ 526-27; Def.’s Cross 56.1 ¶¶ 526-27). Despite these discussions of' possibly placing W.E. in a BOCES program, on August 9, 2011, M.S. raised for the first time in a phone call with Coughlin that the Parents may seek tuition reimbursement for their unilateral placement of W.E. at Northwood. (See Case I Hr’g Tr. 168; see also Del’s 56.1 ¶ 112; Pis.’ 56.1 ¶ 112.) By letter dated August 30, 2011, the Parents formally informed the superintendent that they were withdrawing W.E. from the District and further indicated that they had informed the committee the week before. (See Case I Joint Ex. 54.) W.E., in fact, attended Northwood for his freshman and sophomore years, (Pis.’ Cross 56.1 ¶ 265; Def.’s Cross 56.1 ¶265); however, the process by which he came to attend a private school began earlier, with the Parents having requested that transcripts be sent to area private schools in mid-January 2011, (see Case I Def.’s Ex. 11 (transcript inquests); see also Def.’s 56.1 ¶ 91; Pls.’ 56.1 ¶ 91; Pls.’ Cross 56.1 ¶¶ 299-300; Def.’s Cross 56.1 ¶¶ 299-300). Plaintiffs learned of Northwood through one of W.A.’s colleagues, whose son was experiencing anxiety and depression in public high school. (See Case I Hr’g Tr. 1802; see also Def.’s 56.1 ¶ 92; Pls.’ 56.1 ¶ 92.) M.S. visited Northwood with W.E. in late February 2011, and, after receiving a tour, W.E. grabbed M.S.’s coat and said, “Can I go here?” (See Case I Hr’g Tr. 1803-04; see also Def.’s 56.1 ¶¶ 93—94; Pls.’ 56.1 ¶¶ 93-94; Pls.’ Cross 56.1 ¶ 301; Def.’s Cross 56.1 ¶ 301.) Shortly thereafter, Plaintiffs submitted W.E.’s application, and after W.E. was admitted, signed a contract for enrollment in March 2011, mailed a $2,500 deposit, purchased tuition insurance at a cost of approximately $1,700, visited the school again with W.A., and sent an email to the school in late May with the subject line “Incoming ninth grader [W-E.],” indicating that W.E. would be attending in the fall for ninth grade. (See Case I Joint Ex. 20a (records request); Case I Pls.’ Exs. B (enrollment contract), II (Northwood application); Case I Def.’s Exs. 53 (Northwood admission letter), 55 (email from M.S. to North-wood (Feb. 8, 2012)); see also Def.’s 56.1 ¶¶ 95-101; Pls.’ 56.1 ¶¶ 95-101; Pls.’ Cross 56.1 ¶¶ 302-05; Def.’s Cross 56.1 ¶¶ 302-OS.) The School was aware of W.E.’s unique needs when it accepted him. (See Case I Hr’g Tr. 1560-61; see also Pls.’ Cross 56.1 ¶ 310; Def.’s Cross 56.1 ¶310.) M.S. explained her application by indicating that she “hop[ed] for a public placement” such that “[W.E.] could stay in the school district,” but, “at the same time[,] ... had to look out for [W.E.’s] interests and come up with something that was a change for him and would improve his health and allow him to access his education.” (Case I Hr’g Tr. 1956-57.) Despite the ongoing consideration of private school, the Parties dispute when Plaintiffs first raised the issue of W.E. attending private school. According to Defendant, it was not until a mid-July 2011 telephone call with Coughlin that M.S. mentioned the possibility. (See Def.’s 56.1 ¶ 102 (citing Case I Hr’g Tr. 156)). Plaintiffs assert that M.S. informed the CSE in mid-May 2011. (See Pls.’ 56.1 ¶ 102 (citing Case I Def.’s Ex. 25 (May 25 notes)).) Notes from Dr. Robins from as early as April 2011 and Dr. Williams from as early as May 2011 allude to W.E. attending or considering attending private school, including a reference to Northwood. (See Case I Def.’s Exs. 38 (notes), 41 (notes); see also Def.’s 56.1 ¶¶ 105-10; Pls.’ ¶¶ 105-10.) 3. W.E.’s Freshman Year at Northwood Before describing W.E.’s performance at Northwood, it bears discussing the school itself. Northwood describes itself as a small supportive, college preparatory school, and it focuses on and endeavors to incorporate into' all things five core values: integrity, compassion, responsibility, courage, and respect. (See Case I Hr’g Tr. 1552-53; Case I Pls.’ Ex. LL (Northwood promotional material); Case II Hr’g Tr. 599-600; see also Pls.’ Cross 56.1 ¶¶ 269, 280-81, 284; Def.’s Cross 56.1 ¶¶ 269, 280-81, 284.) It purports to take steps to allow for its students to be distinct individuals. (See Case II Hr’g Tr. 590; see also Pls.’ Cross 56.1 ¶ 282; Def.’s Cross 56.1 ¶ 282.) In at least some classes, the students and teacher discuss the material while seated around a large oval table in a manner such that a student “[cannot] get through a class without being asked something or being forced to participate.” (Case II Hr’g Tr. 384-86.) Its student body is a mix of day and boarding students and the student-teacher ratio for W.E.’s classes is below 8:1, (see Case I Hr’g Tr. 1558, 1807; Case II Hr’g Tr. 400; see also Pls.’ Cross 56.1 ¶¶ 270-73; Def.’s Cross 56.1 ¶¶ 270-73), although its average class size is probably between 10 and 12 students, (see Case II Hr’g Tr. 445). The school also has two fulltime nurses, and its faculty is around the students regularly. (See Case I Hr’g Tr. 1561, Case II Hr’g Tr. 365-66, 441, 610-11; see also Pls.’ Cross 56.1 ¶¶ 274, 283; Def.’s Cross 56.1 ¶¶ 274, 283.) The School does not have a consulting psychologist or consulting psychiatrist on staff. (See Case II Hr’g Tr. 463.) During the afternoon, students have an organized study period in the school library, and, for boarders, there is an additional two-hour mandatory study period each evening, during which time the school disconnects internet access and requires students to work away from their computers for the first hour. (See Case I Hr’g Tr. 1577, 1782-83, 1817; see also Pls.’ Cross 56.1 ¶¶ 276-78; Def.’s Cross 56.1. ¶¶ 276-78.) The school also provides a number of outdoor activities, which Dr; Robins indicated would be therapeutic for W.E., and W.E. participated in community service as well as a rock-climbing program where he was responsible for the safety of others. (See Case I Hr’g Tr. 1555-58, 1565; Case II Hr’g Tr. 1057; see also Pls.’ Cross 56.1 ¶¶ 287-88, 350; Dot’s Cross 56.1 ¶¶ 287-88, 350.) The Parties take different positions on the extent to which the School could be termed therapeutic, although they point to much of the same testimony. .At the hearing, Donald Mellor (“Mellor”), an English teacher and Northwood counselor, explained that while the School “[is] not a therapeutic school” and “[does not] claim to be,” it is nevertheless “by nature therapeutic,” (Case I Hr’g Tr. 1541, 1550, 1581; see also Case I Hr’g Tr. 1806 (testimony by M.S. that the School “was a therapeutic environment without being overtly therapeutic”)), and that, for some students, the school is “really good medicine,” (Case II Hr’g Tr. 590). Additionally, in a September 2, 2011 email to M.S., Mellor stressed that while Northwood “[does not] call [itself] a therapeutic school,” its staff “ha[d] a lot of faith in the school’s therapeutic culture,” and indicated that he “trust[ed] that [W.E.] ... [would] see [it] as a positive and psychologically safe place.” (Case I Pls.’ Ex. VV; see also Pls.’ Cross 56.1 ¶¶ 364-65; Def.’s Cross 56.1 ¶¶ 364-65; Case II Hr’g Tr. 655, 658 (indicating that Mellor testified that the School strove to be “psychologically safe,” but that philosophy was “not codified enough”).) When W.E. began at Northwood in September 2011, he was one of 17 students in his freshman class. (See Pls.’ Cross 56.1 ¶¶ 307-08; Def.’s Cross 56.1 ¶¶ 307-08.) That year, he took English, Spanish, Geometry, Honors Biology, and World Cultures, (see Case I Pls.’ Ex. PP (1st marking period report card)), earning passing grades in each, (see id; Case I Hr’g Tr. 1815; see also Pls.’ Cross 56.1 ¶ 311; Def.’s Cross 56.1 ¶ 311). In addition, Northwood ensured that W.E.’s teachers were aware of an accommodation plan for W.E.’s freshman year, (see Case I Hr’g Tr. 1562-64, 1789-90, 1807; Case II Hr’g Tr. 434-48; Aff. of Redacted in Supp. of Pls.’ Cross Mot. for Summ. J. (“John Doe Aff.”) (Dkt. No. 39); Pis.’ Cross 56.1 ¶¶312, 314; Def.’s Cross 56.1 ¶¶ 312, 314), which provided for (1) extended time for in-class assignments, (2) preferential seating, (3) the provision of graphic organizers or guided notes to support information presented verbally, and (4) regular counseling sessions with the school counselor, (see Case I Pls.’ Ex. MM). According to testimony from John Spear (“Spear”), the director of college guidance at Northwood, there was an “initial accommodation plan that was developed in August or very early September,” but that it was “revised ... a little bit” after meeting with the family to review the District’s new IEP and then distributed to the teachers. (See Case II Hr’g Tr. 423-24, 434-35.) Additionally, Spear testified that he would talk with teachers about students informally throughout the year and would make announcements concerning students with accommodation plans at faculty meetings, including “reinforcing] ... accommodations that students have.” (See Case II Hr’g Tr. 464-66.) The record also contains evidence concerning how W.E.’s interaction with School employees, including as part of his plan, worked in practice. Plaintiff had a nurse assigned as his faculty advisor, and another nurse lived on the end of his dormitory floor. (See Case I Hr’g Tr. 1561-62; see also Pls.’ Cross 56.1 ¶¶ 319-20; Def.’s Cross 56.1 ¶¶ 319-20.) According to Spear, the nurses are on call 24 hours a day, although they are generally in their office for only certain portions of the day. (See Case II Hr’g Tr. 438-39.) Nevertheless, M.S. testified that W.E. received very careful monitoring from the nurses. (See Case II Hr’g Tr. 1236-37, 1239; see also Case II Pls.’ Exs. T, U (logs).) Additionally, with respect to counseling, Mel-lor’s sessions with W.E. were initially “very structured,” but later “certainly got less formal,” and included, for instance, Mellor stopping by W.E.’s room to chat or “walk[ing] a trail on the way to a cliff.” (Case I Hr’g Tr. 1564; see also Case II Hr’g Tr. 621-24.) As Mellor explained it, the approach changed because, while in Mellor’s office, “it seemed clear to [Mellor] early on that [W.E.] just fidgeted and didn’t want to have these conversations,” saying as little as he could. (Case II Hr’g Tr. 622.) As a result, Mellor “got creative” even though he “[thought] [W-E.’s] parents expected [him] to have a weekly meeting year long.” (Case II Hr’g Tr. 623.) Mellor, who was not a New York State certified teacher and who had never worked in a school district as a school counselor, did not perform an official or documented observation of W.E. in class and did not take notes from his counseling sessions. (See Case I Hr’g Tr. 1749-50, 1770; see also Def.’s 56.1 ¶¶ 116-17, 121; Pls.’ 56.1 ¶¶ 116-17, 121.) In many regards, W.E.’s performance improved while at Northwood. With respect to grades, W.E. earned marks ranging from a C to an A—during the first semester of his freshman year, (see Case I Pls.’ Ex. TT (2nd marking period report card)), and grades between C+ and A during his second semester, (see Case I Pls.’ Ex. PP (1st marking period report card)). Additionally, M.S. felt that W.E.’s work improved in a number of ways, (see Case I Hr’g Tr. 1818-20; see also Pls.’ Cross 56.1 ¶¶ 337-42; Def.’s Cross 56.1 ¶¶ 337-42), and at least some teachers praised W.E.’s performance, including one who noted that he was participating in class, (see Case I.Hr’g Tr. 1816; see also Pls.’ Cross 56.1 ¶ 333; Def.’s Cross 56.1 ¶ 333), and another who observed that he was one of the strongest students in geometry, (see Case I Hr’g Tr. 1820; see also Pls.’ Cross 56.1 ¶ 343; Def.’s Cross 56.1 ¶ 343). Additionally, W.E. went from missing over 100 days of school due to migraines to missing just nine, (see Case I Joint Ex. 67 (8th grade attendance summary); Case II Pls.’ Exs. T, U (logs); see also Pls.’ Cross 56.1 ¶ 328; Def.’s Cross 56.1 ¶ 328), consistent with an improvement in health that M.S. attributes at least in part to Northwood, including its “seamless” environment and supportive peer structure, (see Case I Hr’g Tr. 1814; Case II Hr’g Tr. 829; see also Pls.’ Cross 56.1 ¶¶ 363, 367; Def.’s Cross 56.1 ¶¶ 363, 367). Moreover, W.E. came to be socially well-integrated at Northwood, (see Case I Hr’g Tr. 1063, 1565-66, 1579-80; Case II Hr’g Tr. 603; see also Pis.’ Cross 56.1 ¶¶ 330, 354; Def.’s Cross 56.1 ¶¶ 330, 354), and gained additional self-confidence, growing more comfortable in his own skin, (see Case II Hr’g Tr. 427-28, 443-44; see also Pls.’ Cross 56.1 ¶ 351; Defi’s Cross 56.1 ¶ 351), which M.S. and, somewhat less full-throatedly, Spear attribute at least in part to the small class sizes, (see Case II Hr’g Tr. 443-44, 826). M.S. also believes that the accessibility of the staff and ability to see teachers on the weekend helped W.E. (See Case II Hr’g Tr. 850.) In terms of personal characteristics, the faculty noted that W.E. was growing appropriately, (see id. at 428, 611; see also Pls.’ Cross 56.1 ¶ 352; Def.’s Cross 56.1 ¶ 352), Mellor testified that his teachers “love[d] him,” explaining that W.E. (‘is just a nice funny guy who seems really well received,” (Case I Hr’g Tr. 1778), and his English teacher noted that the other students appreciate his intelligence, quirkiness, and genuineness, (see Case II Hr’g Tr. 610; see also Pls.’ Cross 56.1 ¶ 353; Def.’s Cross 56.1 ¶ 353). From a health and psychological perspective, W.E. experienced positive changes during his first year at North-wood. By the end of his freshman year, W.E. had tapered off his prescribed Depakote, Amitriptyline, and Zoloft. (See Case II Hr’g Tr. 827; see also Pls. Cross 56.1 ¶¶ 424, 586; Def.’s Cross 56.1 ¶¶424, 586.) Moreover, whereas, according to Dr. Robins, WiE.’s “T Score” on his BASC-2 test for his attitude toward school was, he believed, 63, a score which would “typically ... [be] considered to be sort of at risk,” albeit not clinically significant, (Case I Hr’g Tr. 1446-48, 1451), by 2010, “[a]U of [WE.’s] T scores were, below 60,” which was not in the at-risk range, (id. at 1447-48). Additionally, Dr. Williams posited that the School “appear[ed] to be highly appropriate [for W.E.] as reflected in his dramatic improvement in .headache frequency that ha[d] persisted for the first time in previous years beyond the summer well into the fall term and its conclusion.” (Case I Hr’g Tr. 925.) Nevertheless, there is some evidence that W.E.’s freshman year was short of an unqualified success. W.E.’s teachers also noted that he struggled with handing in homework assignments on. time, staying organized, and preparing for- class. (See Case I Pis.’ Exs. PP (1st marking period report card), TT (2nd marking period report card); see also Def.’s 56.1 ¶ 115; Pls.’ 56.1 ¶ 115.) More specifically, W.E.’s Spanish teacher opined that W.E. had “shown that he [was] fully capable of succeeding in his Spanish studies” and that the teacher “expect[ed] more from him,” (Pls.’ Case II Ex. H, at 1-2), an observation not dissimilar from one made by W.E.’s honors biology teacher, who said that while “[W.E.] usually worked hard,” his grades “were not always at the level [she] kn[e]w he [was] capable of achieving,” (id. at 2). Moreover, W.E.’s Spanish teacher also noted W.E.’s “poor” “behavior in class,” citing an occasion when the teacher had to remove him from class for rude remarks made to another student. (See id.; see also Def.’s 56.1 ¶ 131; Pls.’ 56.1 ¶ 131.) Additionally, despite a strong performance in Geometry first semester, W.E.’s teacher observed that he “limped to the finish line.” (Pls.’ Case II Ex. H, at 2.) 4. The District Prepares for W.E.’s Sophomore Year Despite W.E.’s attendance at North-wood, the District persisted in formulating a program recommendation for the 2012-13, beginning the process in April 2012. (See Case II Hr’g Tr. 78; see also Def.’s 56.1 ¶ 125; Pls.’ 56.1 ¶ 125.) Coughlin testified that she sought information from Northwood, an update on his behavioral assessment, as well as a report card, and that she also observed W.E. in his English class, where she described W.E. as having various levels of engagement and sitting in a slumped posture with his head on the table at times. (See Case II Hr’g Tr. 79, 108-09; Case II Def.’s Ex. 6 (Coughlin observation form); see also Def.’s 56.1 ¶¶ 126-27; Pls.’ 56.1 ¶¶ 126-27.) Coughlin received the teachers’ reports in early June 2012. (See Case II Def.’s Ex. 8 (teacher evaluation reports); see also Def.’s 56.1 ¶ 128; Pls.’ 56.1 ¶ 128.) In those reports, W.E.’s English teacher noted that although W.E.’s “ability to critically think put[] him at the top of his class,” he needed to focus on “organizational skills’- and struggled with coming to class prepared and completing homework; his Spanish teacher, in addition to noting the incident where W.E. had to be removed from class, reported that he had difficulty coming to class prepared and completing homework assignments; and W.E.’s science teacher observed that his migraines “seem[ed] to be triggered by stress,” which “le[ ]d to lack of sleep which feeds into the whole cycle of disorganization! ] [and] missing class/missing assignments.” (See Case II Def.’s Ex. 8 (teacher evaluation reports), at unnumbered 2, 4, 5; see also Def.’s 56.1 ¶¶ 129-32; Pls.’ 56.1 ¶¶ 129-32.) Additionally, in early June 2012, Coughlin received W.E.’s report card from the third marking period, which noted that W.E. had failed to turn in assignments on time or at all, had shown up unprepared for class, and demonstrated an inconsistent focus and alertness in class, sometimes placing his head on his desk for a brief nap. (See Case II Def.’s Ex. 15 (3rd marking period report card); see also Def.’s 56.1 ¶ 134; Pls.’ 56.1 ¶ 134.) Additionally, further testing of W.E. was done that year. In February 2012, Dr. Robins conducted a BASC-2, (see Case I Pis.’ Ex. HH (Feb. 2012 BASC-2)), which Dr. Robins testified showed no at-risk scores and showed a striking improvement with respect to W.E.’s attitude towards school, (see Case I Hr’g Tr. 1448-51). Shortly" thereafter, two Northwood teachers completed the BASC-2 for W.E. in May of 2012; however, according to Dr. Lupiani, the District’s school psychologist who scored these responses, W.E.’s English teacher rated him as clinically significant for somatization and at risk for social skills, (see Case II Def.’s Ex. 13 (Lupiani Psychological Evaluation)), which Dr. Williams indicated showed that the “persistence of vulnerabilities in [W.E.] in the areas of somatization & social skills .., coincided with [Dr. Williams’s] ongoing clinical impressions,” (Case II Def.’s Ex. 17 (Dr. Williams evaluation), at 2), assertions the Parents purport to dispute on the ground that they “question the validity of [Dr. Lupiani’s] ‘psychological evaluation,’ ” as noted in a letter they sent Coughlin, (see Case II Def.’s Ex. 26 (July 27, 2012 letter), at 4-5; see also Pls.’ 56.1 ¶ 133). On June 14, 2012, the CSE held W.E.’s annual review meeting, which the Parents attended. (See Case II Hr’g Tr. 127; see also Def.’s 56.1 ¶ 135; Pls.’ 56.1 ¶ 135; Pls.’ Cross 56.1 ¶ 532; Def.’s Cross 56.1 ¶ 532.) In addition, Coughlin sent Annie Edwards (“Edwards”), the Academic Director, an email indicating that she would like teacher input at the CSE meeting and expressing “hop[e] that [Edwards] [would] be available by phone if there [were] no teachers available.” (See Case II Def.’s Ex. 7, at 1-2.) In connection with that meeting, Dr. Williams submitted a letter to the CSE dated June 13, 2012. (See generally Case II Defi’s Ex. 17 (Dr. Williams evaluation).) In that letter, Dr. Williams indicated that W.E.’s progress in his first year had been “remarkable” and that he attributed W.E.’s progress, “in part, to his placement in a small supportive, residential school environment that suits his educational, medical & special emotional needs.” (Id., at unnumbered 1.) Characterizing W.E.’s progress as “notable” but “still fragile,” he “[did] not recommend-any school change of placement for the ... 2012-2013 school year.” (Id., at unnumbered 2i) Additionally, Dr. Williams’s letter indicated that W.E.’s “GAF score” was approximately a 65, corresponding to “Moderately severe impairment,” (see id. at 2), in contrast to the prior year, when Dr. Williams reported a score of 60, which also indicated “[rajoder-ately severe impact,” (see Case II Def.’s Ex. 23 (Letter from Dr. Williams to CSE (August 11, 2011)), at 38), although, when he testified, Dr. Williams noted that, over the prior year, there had been a “change in the psychiatric nomenclature diagnostically so that they have ... abolished-the GAF as part of the formal diagnostic code because ... it has been difficult to establish a quantifiable, reproducible, objective assessment that is adequately informative,” (Case II Hr’g Tr. 1371). In addition, Dr. Lupiani shared her findings, and Coughlin discussed her observations. (See id. at 163.) ’ Also at the meeting, Plaintiffs stated that W.E. was experiencing fewer migraines, earning grades in the average range, and was engaged in a variety of outdoor activities. (See Case II Hr’g Tr. 163-66; see also Def.’s 66.1 ¶ 138; Pls.’ 56.1 ¶ 138.) Dr. Robins went over the results of a BASC-2 he had conducted in February, which did not show any atypical or clinically significant results, and further advised that W.E. was experiencing fewer migraines and making progress at North-wood, in contrast to eighth grade when W.E. was “not doing well at all.” (See Case I Hr’g Tr. 1443-66; see also Def.’s 56.1 ¶¶ 137-39; Pls.’ 56.1 ¶¶ 137-39; Pls.’ Cross 56.1 ¶¶ 538-41; Def.’s Cross 56.1 ¶¶ 538-41.) Although Plaintiffs disagree in light of their contention that the CSE had not completed its discussion of goals at the meeting, (see Pls.’ 56.1 ¶¶ 142-44), the record reflects that the CSE made several recommendations for IEP goals, (see generally Case II Def.’s Ex. 19 (draft IEP)), specifically, using a planner to keep track of assignments and due dates, (see Case II Hr’g Tr. 164-65), consistently handing in completed assignments on time, (see id. at 166-67), seeking appropriate assistance from teachers and support staff, (see id. at 168), and taking written notes both in class and copied from a chalkboard, (see id. at 169-71). Afterward, W.E.’s IEP was finalized, (compare Case II Def.’s Ex. 18 (non-draft IEP), with Case II Defi’s Ex. 19 (draft IEP)), which recommended a student-teacher ratio of 8:1:1, (see Case II Def.’s Ex. 18 (IEP), at 7), and also recommended, consistent with the discussion at the CSE, (see Case II Hr’g Tr. 187, 876; see also Pis.’ Cross 56.1 ¶¶ 568-70; Def.’s Cross 56.1 ¶¶ 568-70), participation in the Southern Westchester BOCES program at Irvington High School’s TSP program, (see Case II Def.’s Ex. 18 (draft IEP), at 1-2), which M.S. had earlier visited with W.E. on July 20, 2012, although under the impression that it was a BOCES program for gifted students, (see Case II Hr’g Tr. 1071-73). Despite this confusion, as Defendant observes, (see Def.’s 56.1 ¶ 182; Pls.’ 56.1 ¶ 182), M.S., in fact, already had visited the Southern Westchester BOCES Gifted Special Education Program in November 2011 and rejected it in connection with a prior referral, (see Case II Def.’s Ex. 35 (Dec. 2011 letter)). The discussion of the TSP program with Dr. Penny Knack (“Dr. Knack”), ’ the BOCES psychologist, led W.E. to be uninterested in the program. (See Case II Hr’g Tr. 1071-75; see also Pls.’ Cross 56.1 ¶¶ 590-96; Def.’s Cross 56.1¶¶ 590-96.) By letter dated July 27, 2012, M.S. informed Coughlin that she did not think the Southern Westchester Therapeutic Support-Fragile Program was an appropriate placement, raised concerns about the program articulated by Drs. Lasser and Robins, and made a variety of other requests, (see Case II Def.’s Ex. 26 (July 2012 letter); see also Pls.’ Cross 56.1 ¶¶ 600, 604, 606, 609-13; Def.’s Cross 56.1 ¶¶ 600, 604, 606,609-13), although the District formally recommended the program to the Parents by letter dated August 15, 2012, (see Case II Def.’s Ex. 28 (letter from District Office of Special Education to Parents (Aug. 15, 2012))). On August 15, 2012, the CSE also held a meeting, attended by M.S., Cough-lin, Dr. Knack, and others. (See Case II Hr’g Tr. 1083-84.) In advance of that meeting, M.S. requested that her July 27, 2012 letter be distributed. (See id.) Although Dr. Knack had originally proposed that W.E. not be in fully mainstream courses for at least the first six months, (see Case II Hr’g Tr. 1074; Case II Def.’s Ex. 26, at 2), at the CSE meeting, she said that W.E. could take any mainstream class that he wanted at the BOCES, even though mainstream classes do not have a 8:1:1 student to teacher ratio, (see Case II Hr’g Tr. 1085-86; see also Pls.’ Cross 56.1 ¶¶ 625-28; Def.’s Cross 56.1 ¶¶ 625-28). At the meeting, the Parents also shared concerns over the proposed placement. (See Case II Hr’g Tr. 541, 1091-92, 1104; see also Pls.’ Cross 56.1 ¶¶ 643, 645-46; Def.’s Cross 56.1 ¶¶ 643, 645-46.) After the meeting, Coughlin edited the IEP to indicate that W.E. would be scheduled for general education classes in math, science, and English. (See Case II Hr’g Tr. 239-41; Case II Def.’s Ex. 18 (IEP), at 10; see also Pls.’ Cross 56.1 ¶¶ 677-78; Def.’s Cross 56.1 ¶¶ 677-78.) The Parents received the IEP on September 11, 2012, (see Case II Hr’g Tr. 1096), and rejected the IEP in a twelve-page letter to the superintendent dated September 20, 2012, (see Case II Pls.’ Ex. AA). 5. W.E.’s Sophomore Year Northwood accepted W.E. for reenrollment for his sophomore year on February 29, 2012, (see Case II Def.’s Ex. 33; see also Def.’s 56.1 ¶ 155; Pls.’ 56.1 ¶ 155); the Parents signed a contract in approximately April 2012, (see Case II Hr’g Tr. 1140-41); and W.E. returned to the School for his sophomore year, which again established an accommodation plan and ensured faculty members were aware of and received copies of it, (see Case II Pls.’ Exs. C, D (accommodation plans); Case II Def.’s Ex. 27 (2012-13 placement rejection); see also Pis.’ Cross 56.1 ¶¶ 369-70, 382-84; Def.’s Cross 56.1 ¶¶ 369-70, 382-84). This second official accommodation plan, after some modification, lis