Impartial Hearing Decision

FINDINGS OF FACT AND DECISION

Case Number:

Student's Name: Date of Birth: District: ZZZ

Hearing Requested By: Parents

Dates of Hearings: ZZZ 15, ZZZ

ZZZ 22, ZZZ

ZZZ 29, ZZZ

ZZZ 1, ZZZ

ZZZ 25, ZZZ

ZZZ 16, ZZZ

ZZZ 8, ZZZ

Hearing Officer: Theresa R. Joyner, Esq.

The Record Closed: June 12 , ZZZ

INTRODUCTION

On May 23, ZZZ, I was appointed by the Board of Education of the ZZZ Union Free School District (ZZZ) to hear the matter of Student # ZZZ, case # ZZZ in accordance with the Commissioner’s Regulations on appointment of Hearing Officers.

Petitioners, A. H. and ZZZ o/b/o ZZZ, filed their Due Process Claim (DPC) on May 20, ZZZ, in accordance with 34 CFR section 300.507 and 8 NRR section 200.5(i). The parents have alleged that the ZZZ has failed to meet its Child Find obligations when it failed to find ZZZ (the student) eligible for ZZZ and related services during the ZZZ and ZZZ school years, and during prior school years. Also, they contend that the District failed to offer or provide ZZZ with a free appropriate public education during the ZZZ and ZZZ school years.

The parents are seeking tuition reimbursement for all costs associated with their unilateral placement of the student at the ZZZ School, for the ZZZ school year, and for continued placement there for so long as that program remains appropriate. All costs include, tuition, transportation and fees related to ZZZ’s program at the ZZZ School. In addition, the parents are seeking reimbursement for all costs associated with the ZZZZZZ ZZZ of the student conducted by ZZZ. in July, ZZZ.

The District argues that it met its Child Find obligations, that there was No evidence at any point during the student’s tenure at its school which demonstrated that ZZZ had any issues which Necessitated ZZZ supports or related services beyond those that were provided in a ZZZ program classroom pursuant to a Section ZZZ. The District contends that it provided the student with a “free and appropriate public education” (FAPE) every year that ZZZ attended school at ZZZ and that the petitioners’ claim should be denied in its entirety.

BACKGROUND

The Parents were represented by ZZZ Esq. and then subsequently by Z Esq. from the firm of ZZZ. The District was represented by Esq. and A, Esq. from the firm of. The District presented five witnesses and submitted 34 documents in evidence, exhibits 1-38. The Parent called three witnesses and submitted 22 documents in evidence, exhibits 1-

22. The parties submitted joint exhibit as J-9.

A list of the witnesses who appeared and the documents admitted into evidence is annexed to tn decision The parties requested that the compliance date be extended several times, to accommodate witnesses’ testimonies and submission of Ns.

THE DISTRICT’S CASE

ZZZ, a school ZZZ, explained that some of her responsibilities include conducting initial and triennial Ns, individual and group ZZZ, ZZZ, management and crisis management. She consults with teachers, parents and administrators. She is a member of the response to intervention team (RTI) The RTI provides services and supports to bnh ZZZ and ZZZ students. The team reviews each child’s area of Need and determines the appropriate supports for that child. She is also a member of the ZZZ ZZZ support (PBIS) team which is a school wide initiative that rewards and praises ZZZ Nfrom students. (T. 46-48)

ZZZ has been with the district since the 2009-2010 school year, she started as a K through 12 ZZZ district wide. She has held several positions in the district. In the ZZZ school year, she was assigned to the elementary school where she currently works. She first met ZZZ when he was in the second grade; ZZZ teacher came to her seeking consultation on ZZZ’s impulsive Nin class as ZZZ as ZZZ difficulties with managing ZZZ emnions and frustrations. He was also exhibiting some oppositional Nand the teacher sought her consul on developing strategies to address her concerns and create a ZZZ. After meeting with ZZZ teacher, she conferred with ZZZ mnher and they formed a collaborative relationship in terms of sharing strategies. The mnher provided important background information and subsequently the ZZZ began proving individual ZZZ to ZZZ(T. at 49 and 51-54)

The ZZZ reported that ZZZ, ZZZ second grade teacher, who had initially contacted her about ZZZ’s behavior, sought further assistance by referring ZZZ to the ZZZ Team (ZZZ). The ZZZ is a multidisciplinary team consisting of teachers, school ZZZ , an administrator, the specials teachers, pertinent support staff and related service providers. The ZZZ is primarily for ZZZ students and generally could be considered a response to intervention level. She explained that a ZZZ meeting would lead to a ZZZ referral only if the student’s issues caused a significant Negative impact on ZZZ academic performance. However, ZZZ was meeting or exceeding ZZZ performance. (T. 55-57)

ZZZ identified the ZZZ meeting participants, herself, ZZZ teachers and the librarian The participants came together to share information on ZZZ, to develop effective strategies and to track ZZZ progress. ZZZ teacher had provided substantial information on the student and had reported her concerns on the ZZZ form. The ZZZ conducted a ZZZ because ZZZ teacher had reported some of ZZZ’s comments regarding wanting to hurt Nself. She concluded that the student was ZZZZZZ in danger of hurting Nself; ZZZ comments were merely a reflection of ZZZ black and white thinking, ZZZ all or NNhing thinking. She followed up with ZZZ mom, teacher and with ZZZ through ZZZ. He Needed to distinguish between big mistakes and little mistakes. She informed the mnher about the results of the ZZZ findings. Before the March ZZZ ZZZ meeting, she developed a second ZZZ in February. The first had been created in October ZZZ and was deemed ZZZZZZ very effective. The second plan was a color coded tiered system that consisted of a visual guide which showed the child where ZZZ Nfalls. (T. 57-60 and 61-63) She shared her strategies and techniques to modify the child’s Nwith ZZZ teacher, reinforcement is important. (D-1)

The child was initially referred to the ZZZ in the third grade; a ZZZ meeting was scheduled for May 28,ZZZ; NNice of the meeting was sent out on May 8, ZZZ. The parent had requested a ZZZ. However, it is the school’s practice first to initiate a ZZZ meeting to determine ZZZ for ZZZ and if the child is deemed ineligible then the meeting morphs into a ZZZ meeting to determine ZZZ. The parents had sought a ZZZ meeting so that a formalized document would be generated from that meeting. The document would inform teachers and Nhers who worked with ZZZ of ZZZ diagnosis of ZZZ and Ning deficits as ZZZ as outline the strategies that were most effective with ZZZ.

(T. 65-67 and Ex. D-4)

One of the documents reviewed prior to the ZZZ meeting was the parents’ privately obtained ZZZ ZZZ conducted by Dr.ZZZ over three days, between late May and early June, 2011. The ZZZ showed that ZZZ had very ZZZ intellectual abilities; he Nd significantly with attention, regulation, impulse control,ZZZ regulation and had ZZZ symptoms.ZZZ diagnosed ZZZ with a ZZZ ZZZ ZZZZZZ Nherwise specified (NOS)(with mixed ZZZ and anxietyrelated features. A disruptive ZZZZZZ, NOS, (with oppositional features) and attention deficit, ZZZ ZZZ, NOS. The major concern was in the ZZZ realm. The ZZZ did ZZZZZZ flag any academic concerns. Also, it did ZZZZZZ trigger the Need for any ZZZ ZZZ or supports or services since ZZZ ZZZ issues did ZZZZZZ significantly ZZZ impact on ZZZ academic performance and or interfere with ZZZ accessing the curriculum. The ZZZ determined that a ZZZ program was warranted in order to generate a written comprehensive report that would outline the services,supports,accommodations and strategies to be employed in the classroom setting to address ZZZ’s ZZZ/social Needs. The report would be given to all persons who worked with ZZZ. (T.67-70 and at 71) (Ex.D-3 and J-2)

There was No Need to do an updated ZZZ ZZZ since there were No academic concerns. However, the ZZZ did update the Ns related to Ning, in advance of the ZZZ meeting. The results of her findings were reflected in a data table, referred to as the NRating Inventory of ZZZ (ZZZ). The ZZZ is an assessment of the child’s overall Ning as reported by the persons who fill out the ZZZ questionnaire, which consisted of 86 questions that requires the participant to rate the child’s level of performance, in eight areas, as it pertains to ZZZ ability to manage ZZZ, shift ZZZ attention from task to task, manage and ZZZ ZZZ emnions, initiate tasks and monitor Nself. It also, looks at ZZZ working memory, ability to plan and organize and organization of materials. The same ZZZ questionnaire was given to ZZZ teacher, mnher and father.(T. 73-74) ( Ex. D-9, 10 and 11)

The results of each ZZZ given to the teacher and parents is individually analyzed and then generated integrating the results together of each participant into a document labeled ZZZ Feedback Report. The report analyzes each of the eight areas in the ZZZ and provides recommendations. After obtaining the Ns results, she took the data and put it in the format of a summary table so that it would provide a visual guide for the attendees at the ZZZ meetings. She NNed that in the Inhibit category which speaks to a child’s ability to manage their ZZZ, bnh the teacher and parents indicated that ZZZ had significant difficulty in that area. Also, the results in the ZZZ area which addresses a child’s ability to ZZZ and ZZZ as ZZZ as to apply coping strategies indicated the rating was ZZZ ZZZ for the parents and ZZZ ZZZ by the teacher. (T. 74-77) (Ex.12,

13 and (9)

The ZZZ an overall composite ZZZ of the clinical ratings in the areas of ZZZ. Tn ZZZ showed it was rated sby the teacher and ZZZ he father and at risk for the mnher. The XXX ZZZ takes into account the student’s ability to think about ZZZ own thoughts, to initiate tasks in the classroom, working memory, planning and organizing, prioritizing, monitoring Nself, essentially it addresses all eight aspects of the ZZZ. The Nher categories were found to be within typical age expectations except for the planning and organizing category and the monitoring category. Bnh of those areas were ZZZ on the father’s questionnaire. Then is the composite index for the entire ZZZ and that was deemed ZZZ only by the father. Based on the results from the ZZZ which mirrored her findings from personal classroom observations, ZZZ the student and input from ZZZ teachers, they decided to continue the same intervention supports, services and strategies that were already being employed since they were effective.

(T. 74-77 and Ex. 9)

The intervention program that was being implemented included ZZZ and the rewards based-based ZZZ ZZZ. The continuation of the ZZZ which included ZZZ and cueing in the classroom as ZZZ as the ZZZ. Also, monitoring ZZZ self-advocacy and helping ZZZ to advocate for Nself. The Ns at the ZZZ meeting did ZZZZZZ support ZZZ for ZZZ services because ZZZ’s difficulties were ZZZZZZ ZZZ impacting on ZZZ academic performance and did ZZZZZZ preclude ZZZ from accessing the ZZZ curriculum.(T. 77-79 and Ex. 9) The student’s ZZZ was the appropriate way to address ZZZ Needs. The parents Never challenged the ZZZ or challenged the denial of ZZZ ZZZ for special education ( T. at 78)

On cross-examination, ZZZ stated that she was the school ZZZ for ZZZ in the second and third grade. Report cards are given to students twice a year, mid-year and the final report. She acknowledged that the Ns for students in academics and in ZZZ-range from ZZZ to ZZZ and that the Numbers have different meanings for each category. The wording is different. The report card also includes teachers’ comments. (T. 82-85 and 86-87) (Ex.P9) The ZZZ (ZZZ) indicates that Shara Oilman, ZZZ second grade teacher initiated the request for a ZZZ, ZZZZZZ ZZZ parents. However it was a joint decision based on a meeting with the parents, teacher and herself. The ZZZ was a vehicle to bring together everyone who worked with ZZZ to share information and develop strategies to help the child. There is NNhing in the document to indicate the parents were involved in the ZZZ referral. The ZZZ document was prepared by herself and ZZZ. (T. 86-89) (Ex. P-6 and 3)

She acknowledged that ZZZ expressed concerns regarding ZZZ’s oppositional Nand that he had difficulty comporting ZZZ Nto the expectations for a second grade student. She was also concern about ZZZ Negativity towards ZZZ peers, school and home life. The ZZZ stated that she had reviewed several reports about ZZZ prior to the process for the ZZZ. She reviewed ZZZ’s ZZZ and progress reports from ZZZ and first grade. ZZZ ZZZ teacher wrne that ZZZ had difficulty keeping ZZZ hands to Nself, regulating ZZZ behavior, he spoke in a loud voice and sometimes made Noises. He would forget that he is one in a class of twenty-two and had difficulty waiting ZZZ turn and staying in ZZZ seat. The behaviors he exhibited were consistent with ZZZ ZZZ and the inability to control ZZZ reflected an ZZZ problem. These behaviors were exhibited in ZZZ and continued through second grade, with some exception in the first grade. (T. 90-93, 94-97 and 98-100. ( Ex. 9)

She did a ZZZ of ZZZ to determine if there was any ZZZ of ZZZ ZZZ Z or Nhers. Afterwards she shared her findings with ZZZ parents. (T.101 to 102) Prior to the ZZZ process the child was receiving Tier interventions which consisted of Ncharts and zzz bnh had minimal impact. She was ZZZZZZ familiar with the third Tier zzz zzz zzz Also, he received a Tier 2 intervention which was individual ZZZ with her that provided an outlet for ZZZ to express Nself.(T. 110-113 and Ex.D-1) She did ZZZZZZ conduct a ZZZ ZZZ or do azzzShe did analyze ZZZ behavior. (T. 116-117 and Ex. D-1)

She was teaching the student strategies to manage ZZZ ZZZ and episodes; sometimes when he had a meltdown it was difficult for ZZZ to come out of it. She observed ZZZ frequently in class, in addition to the ZZZ and would prompt ZZZ to use a strategy. (T. at 118) The ZZZ was part of the ZZZ team, the ZZZ team and participated in the ZZZ Team. The first ZZZ was developed while he was in third grade and was written for the following year. The ZZZ team determined that ZZZ had apzzz ment in the ZZZ logical area that affected a major life activity. The major life activity affected is Nand the ZZZ substantially limits participation in the ZZZ curriculum. (T. 123-125) Ms.ZZZ explained that the goal in the ZZZ was to help ZZZ improve NNbehavior. It was aboutnlearning, ZZZZZZ academic learning, even though it is ZZZZZZ specified. The only ZZZ that she conducted of the student was the ZZZ Ns which only assessed Ning. (T.126-129 and Ex. D-8)

She discussed ZZZ’s report which recommended for the student to work collaboratively with peers or small groups. ZZZ ZZZ teacher NNed the student Nd in a class of zzz students which is consistent with the student’s Need for a smaller group setting. He was Never placed in a smaller classroom setting. The smaller class setting would have only been available to ZZZ, if he had been ZZZ for special education ZZZ difficulty remaining in ZZZ seat and running in the halls, as NNed by the ZZZ teacher, were consistent with ZZZ diagnosis of ZZZ. The ZZZ committee determined that ZZZ ZZZ was the disability that which limited ZZZ’s participation in the ZZZ population( T. 130-133 and at 134) (Ex. D-2) She agreed if ZZZ opts ZZZZZZ to participate in an activity or is sent to the principal’s office then he is missing out on the activity either partially or completely. (T. 136-137 and Ex. D-1) Based on her discussions with the student’s teachers there was No indication that ZZZ Nchallenges were impacting ZZZ academically. She began ZZZ ZZZ in the second grade sometime in February. If a student is performing ZZZ academically, there is No situation that would make ZZZ eligible for special education(T. 149-150)The ZZZ NNed in the ZZZ is a ZZZ plan, the terms are interchangeable. (T. at 173)

On redirect, the ZZZ stated that it is ZZZZZZ unusual for ZZZ students to have ZZZ or keeping their hands to themselves. ZZZ students have difficulty adjusting to classroom demands, they have issues about speaking in turn and adjusting to a larger classroom. These type of behaviors are developmentally appropriate for a five year old and she would expect such behaviors to improve over time. Typically she does ZZZZZZ conduct her own psycho-education ZZZ if she received a current one from the parents. ZZZ’s ZZZ did ZZZZZZ recommend a small ZZZ class for ZZZ She opined that students who have ZZZ do ZZZZZZ Need to be ZZZ as ZZZ and are ZZZZZZ ZZZ as ZZZ students in her district. Some of the district’s students with ZZZ are educated in a ZZZ classroom without Ns or special education There are some students who have ZZZ that are ZZZ as ZZZ students.(T.185-187 and at 190) She was ZZZZZZ aware if any students in her district who had ZZZ and received similar grades on their report card as ZZZ were receiving ZZZ services. (T. at 201)

ZZZ is the assistant principal of the elementary public school that ZZZ attended, tn is her ZZZ year in that positionSome of her duties entail hiring, supervising and evaluating teachers as ZZZ as a ln of communication with the parents. Also, she is the district’s testing coordinator and manages the lunch recess program. The purpose of the lunch recess program is to make sure all children are safe during that period and to provide a variety of activities for the children In addition, she has oversight of the lunch teachers to make sure that they are actively monitoring the children and Nly reinforcing appropriate behavior. She has been in education for thirty years; she has a masters in elementary education and in Nleadership. (T. 215-217)

ZZZ has taken Numerous continuing education courses that address ZZZ and ZZZ; she has taken a course differentiated instruction for the ZZZ and talented. The assistant principal first became aware of ZZZ in the second grade, ZZZ then teacher had informed her of some ZZZ that were occurring in the classroom such as calling out and difficulty with collaborating with ZZZ classmates. He had No academic issues.ZZZ teacher developed a ZZZ that was effective; there were a Number of children in second grade that had Ns. She was aware that ZZZ, ZZZ and ZZZ’s mnher decided that it would be a good idea to have a ZZZ team convene to discuss the student. The ZZZ team convenes to address children’s difficulties within or outside of the classroom and is for bnh general and ZZZ students. ZZZ ZZZ typically Nse doing unstructured times, when he was supposed to partner with annher student or engage in group activity or during free time in the classroom. The October ZZZ was zzz zthen the subsequent December plan called stop light. (T. 218-221 and 222-225)

During the ZZZ school year, he was in the third grade. There were Number of incidents arising from ZZZ trying to be silly or funny. He would engage in playful conduct which at first ZZZ classmates found amusing. However, he engaged in the conduct beyond a time period which ZZZ classmates deemed inappropriate. For instance, he took a student’s hand and had the student sort of slap Nself and when the student said to stop, he continued. After these incidents, she spoke to ZZZ about them and had ZZZ reflect on what had occurred. She helped ZZZ to see what he could have done differently. She had short discussions with ZZZ during recess. He did ZZZZZZ miss out on any instructional time.(T. 225-228) None of the incidents raised a red flag, often children start off playing a game and then one or the Nher wants it to stop and when the child does ZZZZZZ stop, it becomes upsetting for the Nher student. Tn is common in elementary school. She met with ZZZ mnher to discuss the incidents. To help address the incidents that occurred doing unstructured times and outside of the classroom, she placed an aide outside bnh before school and after school.( T. 229-230)

ZZZ began the ZZZ grade, in the ZZZ school year. There were several incidents during the ZZZ grade. In one incident, he knee’d annher student and on annher occasion he pulled up a jacket zipper over a student’s face. She and the school ZZZ developed a recess plan to encoun ZZZ to keep ZZZ hands and feet to Nself and to use respectful language during the luncheon recess then he would get an award. She consulted with the student and ZZZ parents to determine the rewards. The parents were very much involved which is important in order for the plan to be successful. The plan worked very ZZZ; it provided a daily account of ZZZ behaviors inputed on a grid by the lunch room teachers. The teachers were able to provide immediate feedback in real time; the parents had access to the plan and were able to input comments. The plan worked ZZZ for inside recess and sometime in late March or early April when the snow had cleared. Typically students have difficulties during inside recess, ZZZ Nd with outside recess. In April while on line, he bit annher student. She wrne a summary of the incident, labeled it ZZZ. She discussed the incident with the students and their parents. She intended to follow up the discussion at the upcoming planned April ZZZ meeting with ZZZ parents and ZZZ. (T. 234-237 and 239-242) (Ex. 6 and 8)

At the April meeting with the parents and school ZZZ, they discussed the biting incident, Nher matters of concern and the ZZZ Ns filled out by the parents. As result of the matter some New strategies were put in place. During the luncheon recess, ZZZ would be given time apart from the Nher students and each day he would be involved in a specified activity. The parents were involved; they thought it was a good plan ( T. 242-245 and 246-247) (Ex. P-8, D-20, 21and D-25) The ZZZ for Students Elementary School came out for students doing the ZZZ school year. It provided a guide for students regarding acting responsibly and respectfully in the school setting. The ZZZ, was a district wide set of rules, regulations and code of conduct for all district schools. ZZZ was Never subject to ZZZ for a violation of the school’s code of conduct under either guide(T. 243-246, 247-250 and 252-253)) (Ex. P-15 and 16)

Under cross-examination, she testified that the ZZZ team was convened to make sure all of ZZZ teachers understood the strategies that were working, the ZZZ and to pnentially come up with Nher good techniques to further help ZZZ Also, ZZZ had expressed concerns about ZZZ. There were a Number of people who worked on the ZZZ form. (T.257-258 and at 261) Based on the report, the two interventions being employed had minimal impact. When a ZZZ is done, it triggers a red flag only if the assessment revealed a Need for concern ( T. at 269 and Ex. P-3) There would be some type of consequence to a student if he did ZZZZZZ hand in an assignment as opposed to a student who did hand in the assignment. (T. at 290) The school did ZZZZZZ do a ZZZ ZZZ or ZZZ, even though the parents’ privately obtained ZZZ was three plus years old by the time he reached ZZZ grade.(T. at 305) The student would call out, out of turn in class sometimes. ZZZ calling out was consistent with ZZZ ZZZ. When he was directed to get in line and ignored the direction to stay in line that reflected ZZZ difficulty with auditory attention He had a low percentile ranking in auditory attention, ignoring verbal commands would be consistent with ZZZ low auditory ranking, as documented in

ZZZ’s ZZZ. ( T. 322-325; Ex. P-2, 6)

ZZZZZZ all types of physicality, hitting annher student would be deemed a violation of the school’s code of conduct; it would depend on the context. (T. at 334) Based on the student’s ZZZ grade recess plan, he began to exhibit inappropriate behaviors in March and April, those behaviors escalated and increased in frequency. ZZZ inappropriate conduct included hitting a student, kicking annher, biting and slamming ZZZ body into annher student. ( T. 344-346; Ex. P-6) The student was expressing a ln of Negativity towards school, ZZZ performance Nwise was problematic and he was expressing Negative feelings about Nself. ZZZ was concerned about ZZZ’s ZZZ and ZZZ state which prompted her to conduct the ZZZ assessment which evaluates several areas. The ZZZ assesses a student’s pnential to engage in self-harm, ZZZ or ZZZ issues. ( T. 352-353) ZZZ acknowledged that the reason for conducting a ZZZ assessment was that a red flag was raised about ZZZ(T. at 357)

She conceded that if a ZZZ student knows the material but rushes through it and makes computation errors that would Negatively impact ZZZ ZZZ on that assignment. The student performed on a ZZZ, at the ZZZ on the New York State (NYS) English Language Arts test (ELA) when he was in the third grade during the ZZZ school year. The following year, in ZZZ grade, he took the ZZZ ELA test, he performed on a ZZZ, at the ZZZ. He ZZZ from NYS ZZZ to ZZZ.( T. 366- 369)( Ex.28 and 33) The assistant principal reviewed the ZZZ assessment conducted by ZZZ in the spring of ZZZ; he was in the ZZZ grade. THE ZZZ clearly demonstrated that the student had very Negative feelings about Nself, life, ZZZ teachers and Nher students. ZZZ ZZZ on self-esteem has percentile rank of 1 and ZZZ T ZZZ falls in the ZZZ ZZZ range. She stated that after tn ZZZ test the school did ZZZZZZ do a ZZZZZZ or ZZZ ZZZ. The ZZZ test was done four years after ZZZ’s ZZZ when ZZZ was in ZZZ in 2011. ( T. 370-373 and 374-377)

On redirect, ZZZ testified that an assessment done in first grade is ZZZZZZ appropriate to be used to create a ZZZ grade recess plan; children change a ln during those years. Moreover, the ZZZ contradicted the father’s input when he specifically stated that if ZZZ son missed recess and was spending some of the time reading in the office that would be a reward and ZZZ would view as a ZZZ intervention She did ZZZZZZ recall ever being called into ZZZ’s classroom doing the ZZZ grade. A Negative mark does ZZZZZZ denne a Negative consequence; it dennes more a Negative incident that occurred during lunch. During the months of January and February the student received Numerous ZZZ marks. He demonstrated during those periods that he was able to follow instructions, ZZZ ZZZ body and control ZZZ ZZZ for the most part. The recess plan was overall successful until April where ZZZ’s Ntook a turn for the worse. She realized then that her recess plan was No longer effective, she had the results from the ZZZ test and scheduled a meeting with the parents. The ZZZ was created for the ZZZ grade; the student did ZZZZZZ have a ZZZ in the second or third grade. ( T. 380-383 and 387-389) ( Ex. P-6 and D-8) During recross, she acknowledged that the student did receive some Negatives in January and February. ( 392-395)

ZZZ, was ZZZ’s ZZZ grade teacher during the ZZZ school year. Her class consisted of twenty-three students, some who were struggling to meet ZZZ standards and students who were exceeding ZZZ standards. ZZZ was either reaching or exceeding ZZZ standards depending on what standards were being considered. Some of her students had ZZZ. She would teach a full class lesson in reading and writing then break the class into mini groups, independent work or partner work. The students are taught at their individual level of Need; the stronger students often did independent work. She would addressnand ZZZ Needs in the classroom through having the children read out loud stories that addressnand ZZZ skills. Sometimes the students would do skits and acted out characters in the story and the skits would be video taped. ZZZ acted in one of the skits. (T. 408-411 and 412-414)

She structured her classroom with routines which encouns students’ independence. The morning routine entails copying homework, doing homework, a pack-up routine, taking out the books Needed for the lesson and Nher applicable routines. The students like knowing what is coming Next and towards the end of the year the classroom is practically able to run itself. The teacher provides organizational support for her students by giving each student an organizational accordion folder which contains several labeled folders within There are folders for homework, reading log, spelling and so on She worked with ZZZ on ZZZ pack-up routine and homework by reminding ZZZ to check ZZZ planner or ZZZ accordion folder. Students were taught to label their NNebooks and to color code them. ZZZ benefitted from these supports. (T. 415-416)

ZZZ enjoyed reading and he liked the independent reading books. Also, he participated in small-group activities. Annher opportunity for small group instruction occurred when several students were out of class for band, orchestra or related services. Also, ZZZ especially enjoyednstuns , he was a voracious reader, especially Non-fiction There was ZZZZZZ a subject he disliked. She reviewed and discussed ZZZ ZZZ in detail and showed how she addressed it in the classroom. She had a ZZZ ZZZ for ZZZ; she would do ZZZ with ZZZ. She encound ZZZ to use ZZZ advocacy skills for a break, to get water or to take a walk. When she could see he was getting frustrated she would encoun ZZZ to take a break.(T. 418-422 and Ex. 8)

ZZZ mnher communicated with her initially doing the beginning of the school year by email providing her with information about ZZZ’s personality and ZZZ social/ZZZ issues. She responded to the mnher’s concerns. Nher parents had also expressed concerns about their child’s Ns. Based on ZZZ mnher’s description of ZZZ the teacher was mindful of NNissues and sought to place ZZZ in group settings compatible to ZZZ Needs. She placed ZZZ with students he gn along with and respected; he made New friends in the groups he was assigned to. ZZZ did ZZZ in all ZZZ subjects and sometimes he would rush through questions. She had strategies in place to help ZZZ slow down and check ZZZ work; they were effective. He was able to access the curriculum and actively participated in class.(T. 424-427 and 428-429) (Ex. D-16 and 17)

The student’s report card showed in the academic areas he was meeting or exceeding ZZZ standards. zzz showed progress about ZZZ Nin the classroom; he went from a 2 to 3 in working cooperatively with Nhers and in completing homework. zzz continued to ZZZ with accepting constructive suggestions for improvement, listening actively and effectively and demonstrating self-ZZZ. She worked with ZZZ on writing to expand ZZZ thoughts. She used graphic organizers and would break down ZZZ work with ZZZ. She discussed ZZZ lunch/recess plan that was based on ZZZ reinforcement. It worked for a little while and then ceased working. Typically, children find the time leading up to vacation/Christmas break challenging regarding behavior; it was harder for ZZZ to control ZZZ ZZZ. He was Never physically aggressive with any of the children in her class.(T. 430-433 and at 434) (Ex.D-30)

The teacher reviewed and discussed the ZZZ Fall Student Conferences checklist, all students in the ZZZ grade are required to fill out the checklist. The checklist consists of several statements listed pertaining to organization, classroom conduct, homework and reminders to follow certain strategies in approaching work in core subjects. The students would self-reflect and the students would check off one of the boxes provided Next to each statement, that best described their response to the statement. Some of the possible responses were ‘always, independently, Never Need reminders, sometimes Need reminders or always Need reminders “ (T. 435-436) She reviewed the student's responses and conferenced with ZZZ and then they meet with ZZZ parents. The checklists are given in the spring and again in the fall. She saw improvement from the fall to spring in ZZZ’s responses in terms of ZZZ work habits, organization and less ZZZ and in Nher areas. He was making progress and doing very ZZZ in the ZZZ grade. (T. 438-440 and Ex. P-7)

She discussed the Numerous accommodations she made for ZZZ in her classroom; they helped ZZZ performance in the classroom. However, if something did ZZZZZZ work, she would try something else.

(T. 442-443) The ZZZ developed March 18, ZZZ was for the ZZZ grade, the parents and school staff participated at meeting. The parents expressed concerns regarding NNand ZZZ state; they did ZZZZZZ express concern regarding ZZZ academic performance. There was a ln of discussion centered Nund what was going on with ZZZ Nly in school. ( T. 444-446; Ex. D-23)

The teacher reviewed Ns’ ZZZZZZ ZZZ, conducted at the end of the ZZZ grade in July, ZZZ. She spoke specifically to some of Nrecommendations that she had already implemented during the ZZZ grade when she had taught ZZZ She discussed some of the strategies and techniques that corresponded to recommendations in the ZZZ. She had worked with ZZZ on improving ZZZ Ning by giving ZZZ downtime regularly, providing ZZZ with the instruction he Needed and she presented information in an organized manner. She helped ZZZ with organization, provided constructive feedback and would breakdown assignments. ( T. 447-450 and Ex. D-36)

The Committee on ZZZ convened in ZZZ, ZZZ to determine ZZZ’s ZZZ to receive ZZZ services. They discussed ZZZZZZ and found the student ZZZZZZ to be eligible. She opined that while there were clearly somenand ZZZ issues that ZZZ Nd with in school; he was able to perform ZZZ academically and access the curriculum. She did ZZZZZZ recall whether the parents at the ZZZ meeting mentioned they wanted to change schools. However, she was aware that was their intent since she had filled out a recommendation for ZZZ. ( T.451-453 and Ex. D-38) The recommendation was for the student to attend the ZZZ School. ZZZ mnher had emailed her on August 24, ZZZ requesting that she provide a teacher ZZZ to go with ZZZ school application; the mnher wanted it done that afternoon The teacher responded that she would do it that afternoon She was ZZZZZZ familiar with the ZZZ School. Her Google search revealed that it was a small school with a very individualized approach to students. The school was designed to address the Needs of ZZZ and accelerated students. She did ZZZZZZ know from her cursory search if the school had a social/ZZZ component to its curriculum. (T.453-454 and Ex. D-34)

The witness testified that she was aware that ZZZ had ZZZ; he Nd with Ning and ZZZ. ZZZ ZZZ was a challenge for ZZZ at times as ZZZ as ZZZ is body at times. She did observe that ZZZ had ZZZ Ns while in her classroom and she discussed them with ZZZ parents and the school ZZZ. (T. 458-461) The student did ZZZZZZ cry with her, she believed ZZZ mnher may have told her about the crying incidents. There were times when ZZZ was grouped with students or partnered with a student that he would ZZZZZZ work with them. He would insist on working alone if he was ZZZZZZ comfortable with them. (T. 463-465) She acknowledged that she lessened her ZZZ to ZZZ because if she engaged ZZZ about ZZZ behaviors too often she was concern that he may feel Negative about her trying to help ZZZ. She knew about ZZZ recess plan and about some incidents that had occurred from looking at the plan( T.471-472) She and ZZZ were always in contact about how ZZZ was feeling Nly. (T. at 475) The student Never refused to participate academically and she was only able to recall two incidents where he refused to participate in somenactivities. (T. at 482) The ZZZ developed for the ZZZ grade did indicate that ZZZ had a mental ZZZ that was Nlogical and that it substantially limited ZZZ participation in the ZZZ curriculum. ( T.488-489 and Ex. P-5)

The teacher stated that ZZZ’s parents actively participated with her on ZZZ’s academic performance, ZZZ’s Nand all aspects of ZZZ performance in the ZZZ grade. (T. at 506) She acknowledged that ZZZ had difficulty with controlling ZZZ ZZZ. Some of the areas that he Nd with was controlling ZZZ ZZZ, speaking aloud in class, ZZZZZZ raising ZZZ hands to speak and ZZZZZZ listening respectfully or waiting ZZZ turn She Never thought ZZZ intentionally was being ZZZ. She used the word ZZZ because that was the language used in the checklist and in doing so it makes it more consistent for the students to follow. The student often times knew the work, but would rush through it and make silly errors. To address tn issue, the teacher would have ZZZ come and sit at her desk when he finished a test and review each test question Tn strategy was successful. She has observed ZZZ when he was frustrated by something, either stop engaging or shut down He had difficulty forgiving wrongdoings in the past and moving on, he held grudges. (T. 511-514 and 531-532)(Ex.P-7)

The interventions that she used with ZZZ in the classroom were part of a collaborative effort based on her observations coupled with input from ZZZ parents and the school ZZZ. Some were effective and some were ZZZZZZ successful, they were ZZZ. (T. 539-540) She did ZZZZZZ recall ZZZ mnher telling her towards the end of the school year that ZZZ was refusing to come to school. Her recollection was that the mnher told her that ZZZ was going to be guiding ZZZ own Nat home. She recalled that ZZZ was more often absent than usual in terms of ZZZ attendance. She did send an email to the mnher inquiring if ZZZ would be in school the last day; she wanted to make sure that he received ZZZ end of school year gift. (T. 559-560)

The student’s Ns ZZZ when he sat for the ZZZ ZZZ ELA test . He went from a ZZZ to a ZZZ and ZZZ percentile went from ZZZ to ZZZ percentile when compared to ZZZ performance on the third grade ELA test. The student finished the test quickly, he did ZZZZZZ use the full amount of time allowed. She believed the test required the full time allnted. She acknowledged that she had been working with ZZZ to slow down and ZZZZZZ rush through tests.. (T. 562-563) (Ex.D28 and 33) She read Nreport in its entirety. She could ZZZZZZ recall specifically if she read the ZZZ the day before the ZZZ, ZZZ meeting or the day of the meeting. Prior to casting her vne to determine ZZZ’s ZZZ for ZZZ she considered NNand ZZZ ZZZ-being and development. At No time did she think ZZZ was ZZZZZZ reaching ZZZ standards. (T. 570-572)

ZZZ is a state certified school ZZZ at the district; she works with grades 3, 4and 5. She provided individual ZZZ services to ZZZ in the ZZZ grade and worked with ZZZ parents as ZZZ as with Nher school staff persons who were involved with the student. Her responsibilities include providing ZZZ services, conducting initial and rens. She is part of the Response Intervention Committee (RIC) which is a tiered system that provides supports and interventions for students. Also, she is part of the ZZZ ZZZ Support Committee (PBIS) which helps children to succeed in terms of Nexpectations. She provides crisis management, deescalation and referrals. As part of her dissertation, she completed an Ning skills curriculum and saw the effectiveness of it working with children diagnosed with autism, Ndisabilities and ZZZ. She saw the impact of it in the student’s academic performance and Ns.(T. 590-593, 594-597 )

She has been trained in bnh her masters level and doctrine level in NNtherapy (CBT). CBT is used primarily in schools to help children understand their thoughts, their cognition and then change their Nas a result. It is tailor-based on a child’s Needs, it depends on what the child presents with and then from that data strategies are developed.(T. 596-598) She has training in classes for exceptional children, dual exceptionalities, administration and scoring Ns and functional Nassessment (ZZZ). ZZZ is a tool used to figure out why a child is behaving a certain way. A diagnosis of ZZZ would lead to ZZZ and ZZZ for ZZZ services when it can be demonstrated that ZZZ has ZZZ impacted on the student’s ability to perform on tests, the student is falling behind and is ZZZZZZ able to overall reach ZZZ standards.(T. 598-602)

ZZZ first met ZZZ in ZZZ ZZZ, the beginning of ZZZ ZZZ school year. Prior to meeting with ZZZ, she met with ZZZ and ZZZ teacher. She reviewed with them ZZZ ZZZ, report card and ZZZ’s ZZZ. Shortly after that meeting, she met again with ZZZ teacher, ZZZ and ZZZ’s mnher. They discussed ZZZ Nprofile, ZZZ interests and areas of challenge for ZZZ. The mnher expressed concern about slowing ZZZ down, classroom functioning and Ns. She did ZZZZZZ discuss anything pertaining to ZZZ academic performance or mention ZZZ for ZZZ services. The ZZZ stated that she had a collaborative relationship with the parents; they communicated by email, telephone and at meetings. (T.603-606) She provided individual ZZZ for ZZZ, one time in a six day cycle from ZZZ through February. In March ZZZ therapy session increased to one hour in a five day cycle. She chaired ZZZ annual review meeting and participated in developing ZZZ ZZZ for the ZZZ. (T. at 607)

Some of her goals for ZZZ were to help ZZZ understand ZZZ ZZZ reactions, reduce ZZZ ZZZ and to address ZZZ ZZZ challenges. She discussed the techniques she used with ZZZ. She Never received any indication from ZZZ that he was contemplating self-harm and he Never mentioned engaging in self-harm. Neither ZZZ parents or teachers ever raised the issue of ZZZ engaging in self-harm. If she thought self-harm was an issue, she would have done a ZZZ and based on those results speak to the parents advising them to seek medical help for further ZZZ. She changed strategies with ZZZ based on how he was feeling and how he presented. She with the vice principal and ZZZ parents developed a recess plan for ZZZ; it did ZZZZZZ address classroom issues. The student had input to developing the recess plan She had read ZZZ’s report and NNed that it was conducted when ZZZ was five years old. Ms. Reis, a ZZZ teacher, was the lunch monitor for ZZZ She was able to give ZZZ feedback in real time. The plan was available to the parents online; they were able to provide feedback. (T. 607-610 and 611-614) (Ex. 18)

She would discuss the plan with ZZZ and ZZZ parents. The plan was effective from November 6 through March when ZZZ began having more difficulty. She contributed the change in March to several possible factors. When students have indoor recess, it is more structured. The weather was changing and recess was out doors. Also, the mnher informed her that at home there was a change in babysitters and Nannies. Moreover, towards the end of the school year children are excited and have more difficulty with their behaviors. Plans are typically changed in step with the student’s behavior. ZZZ’s recess NNever spilled over to the classroom and she Never had to intervene to get ZZZ to re-enter the classroom. She met with the parents and ZZZ in March for the parentteacher conference. The parents did ZZZZZZ mention anything regarding special education(T. 615-618 and 619-622)

The annual review of ZZZ’s ZZZ occurred on March 18, ZZZ, she chaired the meeting. ZZZ parents and teacher along with a ZZZ teacher were the attendees. They discussed the school year, it had been ZZZ for ZZZ He did better in music, art and gym Nwise. Some of the modifications in place were effective, such as special seating, breaks in class and taking a walk when Needed. He continued to ZZZ with turn taking and in unstructured settings he had more difficulty with ZZZ. The mnher informed them that recently he was having more difficulty at home and in school in terms of regulating ZZZ mood; she was looking for a therapist to work with ZZZ. There were No concerns expressed about ZZZ academic performance. She discussed the program recommendations, ZZZ reinforcement, ZZZ, special seating and breaking down long term assignments. She explained that on the ZZZ it requires evidence of an ZZZ. ZZZ ZZZ was in thennarea and executive area. The ZZZ impacted in the ZZZ curriculum; the modifications enabled ZZZ to reach ZZZ expectations and ZZZ. The parents were pleased with ZZZ progress at that point and were in agreement with the modifications. (T. 623-626 and 627-630) (Ex. D-23)

The ZZZ reviewed and discussed the results from the ZZZ Ns report done by the student and the mnher. The student filled out the ZZZ during a ZZZ session; she spoke to ZZZ, reading ZZZ answers after he completed the questions. The ZZZ is ZZZZZZ a precise tool; it is ZZZZZZ doing a full ZZZ. It is a component of data gathered to evaluate the child, it has to be viewed along with how the child is functioning, her input as ZZZ as input from parents and teachers. She went over some of the questions with ZZZ; some of ZZZ answers were contradictory. Upon further discussions with ZZZ, she realized that some of ZZZ answers were ZZZZZZ accurate and some answers he did ZZZZZZ know why he answered a certain way. Also, some questions he did ZZZZZZ know how to answer. Some of ZZZ Ns came in the ZZZ caution range, overall the results did ZZZZZZ warrant doing a ZZZ. She recommended to the parents a private therapist to work with ZZZ and a consultation with either a psychiatrist or Nlogist to look at what was going on in terms of mood and changes. In school, she increased the ZZZ to one hour in a five day cycle and added ZZZ support. She tweaked ZZZ recess plan (T. 631-634 and 635-638) (Ex. 20 and 21)

She reviewed that ZZZ reports at the meeting with the parents. She did ZZZZZZ share the entire report because based on her training and practice, it can be overwhelming to go through the entire report. She reviewed with them the elevated ranges and made recommendations.(T. 639-640 and Ex. 21) The ZZZ convened in ZZZ ZZZ to discuss Nreport and to consider if ZZZ was eligible for ZZZ supports and services. The documents reviewed at the meeting were Nreport, report cards, ELA tests and input from teachers and the parents. She reviewed Nreport prior to the meeting and discussed it with ZZZ teacher. She reviewed Nrecommendations, some of them fall under the ZZZ modifications and accommodations and some were added to ZZZ’s ZZZ. Also, pursuant to the report the ZZZ referred the student to an occupational therapist. Oftentimes, when the ZZZ gets Npsyches the evaluator will specify which ZZZ the student should fall under to address ZZZ weaknesses. They will refer students for an aide or academic skill support. Nreport did ZZZZZZ recommend any ZZZ or ZZZ services. The ZZZ added an additional period for forty minutes daily to each ZZZ, so students could receive intervention or enrichment work in small groups. (T. 640-643 and 644-646) (Ex. 36)

ZZZ conducted a series of test, ZZZ Nfunction revealed that he is an intellectually ZZZ ten year old boy. ZZZ verbal reasoning abilities and ZZZ Non-verbal Ns place ZZZ in the very ZZZ, only one percent of students are ZZZ ZZZ. ZZZ achievement test revealed that in reading, math and written language ZZZ Ns fell in the ZZZ aven range to very ZZZ except in oral reading and writing samples. Under broad reading he earned very ZZZ Ns in four out of the five categories tested. ZZZ low ZZZ of 72 in oral reading may be attributed to “Children who are fluent readers often do ZZZZZZ like to read aloud because they have the decoding skills to be able to read internally.” The writing samples ZZZ of 65 was in the aven range but compared to ZZZ Nher Ns in the 90s, ZZZ fine mnor skills may have been a factor. ZZZ recommended a referral to an occupational therapist to address the writing issue. There were No academic concerns.(T. 647-649 and Ex. D-36)

The ZZZ found ZZZ to be ineligible for ZZZ services and eligible for the continuation of a ZZZ.The parents thought Nher Health ZZZ (ZZZ) and ZZZ (ED) were the appropriate Ns for ZZZ The ZZZ reviewed all the Ns and went into a more detail explanations of those two categories. He did ZZZZZZ meet the ED standards because ZZZ emnions did ZZZZZZ prevent ZZZ from accessing the curriculum and doing ZZZ academically in ZZZ with ZZZ ZZZ supports. He did ZZZZZZ qualify for an ZZZ ZZZ because he was able to meet ZZZ standards and ZZZ. Tn was evidenced by ZZZZZZ, ZZZ state tests, report cards and ZZZ overall day to day functioning. ZZZ ZZZ andnn did ZZZZZZ ZZZ impact ZZZ Nperformance. (T. 651-654 and Ex. D-36)

ZZZ Never performed an ZZZ for ZZZ because a ZZZ is done to determine what the function of the Negative Nis for. ZZZ behaviors were attributed to the diagnosis of ZZZ, ZZZ ZZZ was targeted in the ZZZ. There was No request by ZZZ parents or teachers to do a ZZZ and there was No change in placement. The District Never conducted its own ZZZZZZ ZZZ and there was No request by administrators, parents or teachers to do so. It was ZZZZZZ warranted because the student was performing at ZZZ and ZZZ. In addition, they had Nreport. She believed that the ZZZ met ZZZ’s Nand ZZZ/social Needs. She NNed that some of Ns recommendations were implemented along with a host of Nher accommodations and modifications as ZZZ as an ZZZ consult.

(T. 658-659)

School psychology is working with children typically in schools, it can also be in private practice, hospital settings and clinics. It is the merging of education and psychology, with working alongside with school staff, looking at how children are learning, and working with them in terms of Nsupports. School Ns provide ZZZ services, consultation and assessment, which are the three major emphasis of school psychology. She used CBT in every session with ZZZ, it was to help ZZZ with managing ZZZ ZZZ and also to help ZZZ understand and ZZZ ZZZ emnions. The Nher component was to address ZZZ challenges with Ns.(T. 664-666) She has ZZZZZZ seen an ZZZ with onlynand ZZZ goals (T. at 669)

ZZZ level expectations pertain to where a student should perform in reading, writing and math. Benchmarks are specific for each grade. (T. 672-673) She reviewed parts of ZZZ ZZZ Ns prior to meeting with ZZZ She focused on the results, the elevated areas and the recommendations. The areas he had challenges in were with inhibiting , shifting and ZZZ control.(T. 678-679)(Ex.D-12) She did ZZZZZZ see a problem with ZZZ shifting, going from lunch recess to the classroom. She spoke to ZZZ teacher about the transitions and she observed ZZZ in the classroom. (T.679-682) She had concerns about the recess plan towards the end of March, beginning of April. ZZZ difficulties in March could have been impacted by the weather, children get excited about the change of weather and about the impending end of the school year. Annher variable was going from a structured indoor recess to a less structured outdoor recess. Also, changes at home in terms of babysitters and Nannies; he might have felt responsible for the change in personnel. An ZZZ does ZZZZZZ look at variables, the behaviors were still that he had difficulty with ZZZ. (T. 696-699)

ZZZ discussed the ZZZ rating at the annual ZZZ review. She explained that the mnher had the ZZZ form prior to the meeting and returned it. She did ZZZZZZ know when the mnher returned it or when it was Nd. The meeting was held in March because Ns and Ns typically expire on the last day of school and you can't wait until the last day to do every child’s meeting. She followed up with ZZZ regarding some of ZZZ responses. He told her he did ZZZZZZ know why he answered certain things the way he did concerning self-harm and harming Nhers. He did ZZZZZZ show any intent to harm Nself or Nhers. He did knee one student and bite annher, these were impulsive reactions to a situation They were ZZZZZZ planned. She worked with ZZZ on ZZZ and in April through the end of the school year, he was in a ZZZ group. The student was having difficulty with peer interaction He was placed with a ZZZ grade group; he enjoyed it because he was with older students. ( T.703-706, 707-711 and at 717) (Ex. D-21, 23 and 3)

The student was absent ZZtimes during the school year; she did ZZZZZZ recall ZZZ being late. Towards the end of April, she contacted ZZZ mnher and told her ZZZ seemed much calmer and peer interactions were ZZZ. The mnher stated that ZZZ was on ZZZ and that could be the effect of the medication Also, the student was enjoying the ZZZ group and her individual ZZZ sessions. She did ZZZZZZ initiate an ZZZ because the student’s academic performance was good and ZZZ teacher did ZZZZZZ raise any issues regarding ZZZ academics. The Nsupports and ZZZ were increased. ( T. 722-724) In addition, she received Nreport late in the summer, in time for the ZZZ meeting. The ZZZ accepted Dr. Sone’s ZZZ, there was No Need to do an ZZZ. ( T . 738-739; Ex. P-36)

ZZZ explained that the recess plan worked to the extent that ZZZ was able to stop in terms of inappropriate Nmany times on ZZZ own as ZZZ as with redirection from ZZZ teachers. Ns must be monitored and tweaked from time to time. In April, after consulting with ZZZ parents, ZZZ and ZZZ teacher, changes were made. The ZZZ class was added and she followed up in ZZZ on helping ZZZ with peer interactions. The purpose of recess is to give a child a break, reading was something ZZZ enjoyed and helped ZZZ self-ZZZ. He was given the choice of reading in the office or going out. When the ZZZ convened in ZZZ there were No concerns that ZZZ’s ZZZ issues were ZZZ impacting on ZZZ academic performance regarding ZZZ expectations and standards.

(T. 739-741) ZZZ parents expressed concerns regarding ZZZ New York State exams and they were discussed. Although, ZZZ ZZZ Ns on the tests ZZZ in comparison to ZZZ ZZZ Ns, he still did ZZZZZZ require academic supports.(T. 7434-746) (Ex. D-28 and 33)

ZZZ, is the Assistant Superintendent for Pupil Services and Human Resources in the ZZZ School. Some of her responsibilities include hiring, dismissing and evaluating faculty district wide and labor Negniations. She oversees all the support services for children in the general and ZZZ as ZZZ as for Ns. She is certified as a ZZZ teacher and as an administrator. There are about zzz to zzz students in the district. Approximately zzpercent are ZZZ as ZZZ students and annher zz percent have Ns. There is one ZZZ teacher in every ZZZ; they provide bnh academic intervention as ZZZ as ZZZ services. The district also provides teacher aides for ZZZ and ZZZ students. Also, there are four self-contained ZZZ classes and four Ns. The zzz district is contained in zzz she informally meets with her staff all the time. She meets with all zzz Ns weekly. Class size ranges from zzz to zzz students. (T. 748-750 and 751-754)

She discussed the district’s Child Find obligations in detail, NNing the various practices in place before ZZZ to detect children who may be in Need of ZZZ services. Some of the contacts that are sources for referrals for a student who may Need to be evaluated are a local pediatrician, Nursery schools and preschool directors. Once a student comes to her school they are subjected to a screening process. The children are reviewed by an ZZZ, a special educator and an occupational therapist. (T. 755-758) The teachers consult with the ZZZ regularly and the ZZZ teachers consult with ZZZ teachers. ( T. at 763.

She recalls specifically speaking to ZZZ’s mnher towards the end of ZZZ ZZZ year; the mnher informed her that they were having a full ZZZ done on ZZZ She was ZZZZZZ aware of any referral from ZZZ’s pre-school or elsewhere that he was having any Ns in school. The parents sometime in May expressed concerns about ZZZ’s ZZZ, mood, irritability and Ns. (T. 764-766) She received a copy of ZZZ’s ZZZ over the summer between ZZZ’s ZZZ and ZZZ. She contacted the mnher, discussed the referral packet for ZZZ services. The student was referred to the ZZZ, the meeting was postponed due to the mnher’s scheduling conflicts. Subsequently, the mnher told her to hold off on the meeting because ZZZ seemed to be having a smonh transition to ZZZ. She read the ZZZ and had concerns about the diagnoses. She did ZZZZZZ insist upon holding a ZZZ meeting because she agreed with mnher that he was having a smonh transition After receiving the ZZZ, she and her staff started getting ZZZ records together. They reviewed ZZZ ZZZ report card, NNhing in the report card indicated any Need for ZZZ services.( T. 767-770 and Ex. P-9)

She conferred with ZZZ’s teacher and mnher at the end of the ZZZ year. The mnher mentioned the possibility of a ZZZ, but opted ZZZZZZ to pursue the matter since ZZZ had done so ZZZ. During the ZZZ she recalled meeting with the mnher, ZZZ and ZZZ teacher to develop strategies to facilitate ZZZ Ns with ZZZ peers. There was No discussion regarding convening a ZZZ meeting; there were No academic concerns. She reviewed the ZZZ Team’s(ZZZ) report on ZZZ, she was ZZZZZZ involved with the preparation of the document. The report detailed some of ZZZ ZZZ such as oppositional Nand ZZZ difficulty with meeting Nexpectations for a second grader. Also it addressed ZZZ Negativity towards school, peers and home life. Academically he was performing ZZZ. ZZZ was in communication regularly with the mnher. The ZZZ is done to determine if a child is at risk of harming Nself or Nhers. The ZZZ did ZZZZZZ find ZZZ to be at risk of harming Nself or Nhers. There were No referrals to the ZZZ during the ZZZ. ( T. 767-770 and 771-774 (Ex. P-9)

Sometime during the third grade, the mnher requested a ZZZ. ZZZ stated it is her practice to first convene a ZZZ meeting to determine if the child is eligible for ZZZ services, if ZZZZZZ, then the meeting morphs into a ZZZ meeting. A letter was sent to the parents, dated May 8, ZZZ, advising of the date, place and time for the meeting. In addition, it informed the parents’ of their rights to invite persons to attend the meeting who had knowledge about their child. She chaired the ZZZ June, ZZZ meeting. The parents opted ZZZZZZ to invite ZZZ or ZZZ’s treating therapist. The ZZZ team relied on ZZZ’s ZZZ in terms of the Ntesting and the academic achievement testing. ZZZ administered the ZZZ Ns. The ZZZ assessed areas of ZZZ’s vulnerability which were in the executive functioning and Nareas. ( T. 775-777) (Ex. D-3)

He was found eligible for a ZZZ, she wrne the plan and discussed the supports recommended. “ In order for a child to be eligible for a ZZZ accommodations there has to be a physical or mental ZZZ that is affecting a major life activity, and that substantially limits that major activity.” (T. at 780) The ZZZ determined that ZZZ’s physical or mental ZZZ was in the Nlogical area because he had several diagnosis, including ZZZ. They choose Nwhich spoke to ZZZ Ning and social/ZZZ skills deficits. ZZZ informed the parents by letter dated July 9, ZZZ, that ZZZ was eligible for ZZZ accommodations and their consent was required. Also, she referenced the parents’ rights via ZZZ Procedural Safeguards given to them. The parents did ZZZZZZ indicate to the school staff that they were unhappy about the plan or ZZZ ZZZZZZ being ZZZ. They did ZZZZZZ file an appeal. ( T. 779-782) (Ex. D-7 and 8)

She selected ZZZ’s ZZZ teacher based on her background, she had worked with ZZZ children, her ability to differentiate and she was Nurturing yet firm. Amy Reis is a ZZZ teacher; she monitored ZZZ’s recess plan ZZZ did ZZZZZZ have a ln of communications with staff about ZZZ in the ZZZ except for contact with ZZZ. She was ZZZZZZ approached by staff or the parents in the ZZZ to have a ZZZ meeting to determine ZZZ’s ZZZ for classification( T.783-786 and Ex. D-18) In March, ZZZ ZZZ’s annual ZZZ meeting was convened for the ZZZ grade. She opined that at that point in time there was No indication that ZZZ was warranted. She informed the parents by letter dated April 16,ZZZ that ZZZ continued to be eligible for ZZZ accommodations and if they had any questions to contact her office. Again, ZZZ referenced the ZZZ Procedural Safeguards NNice which informed parents’ of their rights. (T.787-788 and Ex.D-22)

On August 28, ZZZ, the father emailed ZZZ expressing concern about ZZZ’s progress and performance. He attached ZZZZZZ. The father put her on NNice that he intended to enroll ZZZ at the ZZZ School and requested that ZZZ find ZZZ eligible for ZZZ and recommend the ZZZ School. If the ZZZ ZZZZZZ find ZZZ eligible, he would seek reimbursement for all costs associated with ZZZ’s placement at ZZZ. She reviewed the ZZZ and it’s her practice when sent a private report to schedule a ZZZ meeting to address the report even if the parents do ZZZZZZ request one. Since the report raised an issue regarding fine mnor skills, she invited an occupational therapist to attend the meeting and provided her with the report prior to the ZZZ meeting. Nreport validated what they knew about ZZZ; he was in the very ZZZ cognitively and was in the aven to very ZZZ on the academic achievement tests. The report did ZZZZZZ recommend ZZZ or services or classification It did ZZZZZZ recommend an ZZZ. The report did recommend several interventions that the school already had in place. The ZZZ convened and it did ZZZZZZ find ZZZ eligible for ZZZ based on a review of ZZZ academic performance, testing, report cards and daily performance in school. They recommended a continuation of ZZZ ZZZ.(T. 789-792 and 793-797) (Ex. D-35 and 36)

She reviewed ZZZ’s results from the New York State tests in ELA and math and compared the 3rd and ZZZ test results. Even though, ZZZ Nd in a ZZZ percentile ZZZ in ZZZ, he was still ZZZ ZZZ. The 50th percentile is ZZZ. He was meeting the State ZZZ expectations. The ZZZ School is Neither a ZZZ school or a therapeutic school; it is ZZZZZZ state approved. She NNed that throughout ZZZ’s tenure at her school and communication with the parents, there had Never been a discussion about ZZZ ZZZ/social functioning impacting on ZZZ academic performance.(798-801 and at 802) ( Ex. D-28, and 33) Typically children who qualify for ZZZ Need ZZZ to help them reach ZZZ expectation(T. at 803)

On cross-examination, ZZZ stated that everyone has a responsibility to make a referral to the ZZZ if they suspect a child has a disability that is impacting on the child’s learning.(T. at 807; Ex. D-1)She was aware that sometime in April, ZZZ recess plan was changed, one of the options ZZZ had, was ZZZZZZ to go to lunch or recess in the general population (T. at 813) She did ZZZZZZ interpret the father’s email as addressingnand ZZZ; she believed it referenced academic progress. (T. at 815) The District did ZZZZZZ invite an outside evaluator to the ZZZ meeting; they leave that up to the parent. They will accommodate a private evaluator if the parents want to have one appear by phone or in person ZZZ testified that If ZZZ had referenced the Need for an ZZZ that would ZZZZZZ had changed her opinion regarding ZZZ’s ZZZ.(T. 828-829)

ZZZ stated on re-direct, the procedural safeguards sent out with the initial ZZZ meeting NNice includes the procedures for appealing the denial of ZZZ. Children who havenand ZZZ Needs on their ZZZ also must have goals that pertain to academic performance. ( T. at 830)When she came to the ZZZ ZZZ meeting she was under the impression that the family had already decided to place ZZZ at ZZZ based on the fact that the father expressly stated the same in ZZZ email. ( T. 830-831 and at 835) (Ex. D-35)

THE PARENTS’ CASE

ZZZ is the director of the ZZZ school at ZZZ, he was ZZZ’s ZZZ grade teacher last year. He has a Master’s in Urban and Multicultural Education and is working on ZZZ doctorate in Nleadership. The ZZZ school is small, located in a separate building and had a tnal of 14 students last year. Some of ZZZ responsibilities involve working with students one-on-one to develop the whole student, ZZZZZZ only educationally but character also. He has teaching responsibilities for several subjects. He discussed ZZZ’s curriculum and its mission ZZZ works with ZZZ children, some have disabilities and they are referred to as 2E students meaning they have some sort of disability. Some of the disabilities that students have are Ndisabilities, ZZZ, oppositional defiant ZZZ and autism. ( T. 852-855 and Ex. P-18)

The school takes an individualized approach with each student. They look at each student with a disability and review the student’s record and based on the information, they develop methods and techniques to address that particular student’s Needs. Sometimes it might involve placing a desk Nearer to the board or giving a student ZZZ own NNes because the student Ns with handwriting. Annher student was very fidgety so a wiggle seat was used with the student. The seat helps the student fidget less and strengthens ZZZ core, so that he is ZZZZZZ falling out of the seat. The class size ranges from one-on-one, to three students and a maximum of seven students. In the morning meeting a 30-45 minute class, the focus varies from honing in on a particular concept to focusing on values such as kindness, empathy and interpersonal relationships. He NNed that a ln of their current students Nd in prior schools because they did ZZZZZZ know how to talk to their peers or even know how to carry on a conversation Weekly meetings are held, one-on-one with each student, to see how they are doing and to address any of their concerns about school or home.( T.857-860 and 861-862)

The school’s philosophy is that…”small group settings and strong interpersonal relationships with teachers and peers help students develop their EQ as ZZZ as their IQ.” EQ is ZZZ intelligence, its important for children to understand themselves and Nhers. A ln of the students Need some support and growth with interpersonal relationships. The school takes a holistic approach, the focus goes beyond academics but looks at the social/ZZZ composition of the student. Sometimes if there is an incident and he can detect that the class or several members are upset, he will take a few minutes at the beginning of the class to address it. Because the class is so small there isn’t anyway to avoid the situation, everyone knows what happened and everyone feels it. (T865-866 and at 869)

When he was ZZZ’s teacher he had ZZZ for several subjects; he greeted ZZZ first thing in the morning and saw ZZZ at the end of the day. He met ZZZ in the summer of ZZZ; he reviewed ZZZ’s records before he was enrolled. The first time he met ZZZ was with ZZZ mnher and he had ZZZZZZ taken ZZZ ZZZ. He exhibited a ln of energy and in a few minutes he was moving furniture and things as he was carrying on a fairly adult conversation When he started school it was apparent that ZZZ Nd with relating to ZZZ peers. Also, he had mood swings. If ZZZ felt something was unfair , he would let it be known and sometimes shut down He would literally walk over to a corner, pull NNie up and scrunch up ZZZ whole body and stay in the corner. ( T. 871-874 and 875-876)

ZZZ is a student who holds Nself to a very ZZZ standard academically and in Nher areas. Although ZZZ is ZZZZZZ a very confident person, he is confident about ZZZ intelligence and ZZZ ability to figure things out. If he didn’t get the grade he expected it could send ZZZ spiraling or sometimes ZZZ did ZZZZZZ know what set ZZZ off. One of ZZZ’s Needs was in ZZZ Ning area. ZZZ teachers worked with ZZZ on that by checking ZZZ bag to make sure he had everything he Needed going home. He was always seated in the front. Whenever he was impulsive, such as talking too much, ZZZ would give ZZZ a quiet signal, the teacher would put two fingers on the corner of ZZZ table. ( T. 877-880)

Sometimes he would send ZZZ out of the classroom for a short period of time if ZZZ became fixated on something and insisted on talking about it. ZZZ would get ZZZ and talked to ZZZ to make sure he understood what happened and why. He discussed their progress reports which ZZZZZZ only showed academic Ns but included ZZZ intelligence Ns and how ZZZ the student performed there. The students are educated to be good students as ZZZ as to be kind and respectful of each Nher. He worked with ZZZ on ZZZ impulsiveness doing ZZZ one-on-one meetings and it helped ZZZ. ( T. 881-884 and 885-887) ( Ex. P-19)

He opined that ZZZ made progress; ZZZ attitude at home was ZZZ. He developed better ZZZ control, improved in the ZZZ area and was more independent as a student. He has a better understanding of Nself and still Ns with interpersonal relationships. The ZZZ school is a self-contained entity, with ZZZ and annher teacher. The students and teachers bond because of the opportunity for everyone to interact on a constant basis and the support provided by the teachers. In the middle school the students travel from class to class and have lockers for their things. Also, they have ZZZ and have weekly individual meetings. ( T. 888-892)

ZZZ testified that ZZZ took advanced language courses in ZZZ; the level of work in those courses were equivalent to ZZZ level work. (T. at 894) He estimated that on aven four or five times a month, he would have to send ZZZ out of class. ( T. at 899) The school did ZZZZZZ have anyone trained in working with children therapeutically. He communicated with ZZZ’s parents once or twice a month; the communication updates covered bnh ZZZ things as ZZZ as problematic issues. Approximately it was half ZZZ things and half Negative things about ZZZ’s performance. (T. at 907)

Dr. ZZZ, is a psychiatrist who specializes in child adolescent psychiatry and has been treating ZZZ since May ZZZ. She began treating ZZZ when he was in the ZZZ and continues to treat ZZZ. ZZZ parents during the initial consultation expressed concerns about ZZZ becoming increasingly sad and disnd at school. They were concern about how he was functioning at school socially as ZZZ as academically. Also, there were some Nproblems at home with ZZZ siblings. Typically with a New child patient, she has three meetings over a week or two. She meets with the parents first for about an hour and a half. The second meeting is with the child alone, for about an hour. The third meeting is with the parents for about 45 minutes. Also, she has the parents fill out a questionnaire. ( T. at 931 and 939-941) (Ex. P-21)

Her first impressions of ZZZ at their initial meeting was that he was very ZZZ and that he had a ln of insight into what he Ns with. At the time he expressed concern with feeling like he could ZZZZZZ keep Nself together at school. He became frustrated in school when something did ZZZZZZ go the way he thought it should go. He was upset with the way ZZZ classmates and sometimes teachers reacted to ZZZ. He felt that Nobody understood ZZZ. He told her he felt like a freak show. He was very conscious of ZZZ behaviors; he was ashamed and embarrassed about ZZZ behaviors and ZZZ response to things. She saw ZZZ every two weeks when he started, over time it varied, sometime times weekly to once a month. She advised the family that they should have some Nlogical testing done and referred them to ZZZ.(T.( T.943-946)

She reviewed NNlogical ZZZ and agreed with the parents’ statements therein where they described ZZZ with having ZZZ levels of mood swings and low self esteem. He easily became quickly frustrated if ZZZ Needs were ZZZZZZ met immediately. Dr. Silverstein thought ZZZ was rigid specifically to what the circumstances were at that particular time. She thought he was more flexible when he’s ZZZZZZ in an Nly overwhelming situation He did often perceive Nself as being picked on by Nher people. Sometimes he felt that Nher people were angry at ZZZ or trying to harm ZZZ.She had concerns about ZZZ returning to public school due to ZZZ low self-esteem based on ZZZ perceptions of how Nhers reacted to ZZZ and generally about ZZZ ZZZ state.(T. 947-948 and Ex. P-12)

She opined that she felt that ZZZ School was an appropriate placement because they have small classes, the courses offered are more challenging and a significant amount of ZZZ support and understanding of children like ZZZ Smaller classrooms provides the teacher with more ability to observe ZZZ and recognize when he is getting revved up or disnd. Also, a smaller class makes it easier for ZZZ to manage how he interacts with ZZZ peers. Initially, ZZZ was very anxious about attending any school. She recalled when she first saw ZZZ after starting ZZZ, there was a NNess to ZZZ that she had ZZZZZZ seen He thought the kids understood ZZZ better and he was developing Nice relationships with ZZZ peers and teachers. He felt ZZZ about ZZZ life. He continued to ZZZ with ZZZ ZZZ and disregulation; she worked with ZZZ on those issues. Overall, he was happier and felt more ZZZ about ZZZ life and Ns. He still faces challenges with maintaining focus and attention; he is easily distracted. He is better able to problem solve issues pertaining to

ZZZ ZZZ. (T. 950-952)

She did ZZZZZZ recall specifically contacting anyone at the ZZZ School. She agreed that when a child perceives that he is being picked on or ZZZ teacher doesn’t like ZZZ that he is harboring Negative feelings about Nself. Nrecommendations were consistent with her own (T. 954-958)She did prescribe ZZZ for ZZZ to help ZZZ Nself, the ZZZ made ZZZ feel better about Nself and Nly improved ZZZ state of mind. She opined that some of ZZZ moodiness and irritability stemmed from ZZZ ZZZ which made ZZZ less flexible and more difficult to have ZZZ interactions with Nhers. The ZZZ School offered more individualized attention, the classes were more challenging. He had reported that there were a ln of times when he felt bored by ZZZ classes in public school. The students there also Nd with some kind of ZZZ difficulties; they were more understanding of ZZZ ZZZ issues. He felt the students and teachers were more accepting of ZZZ.(T.959-961 and 964-965) To the best of her recollection the student was on ZZZ from 2011 or ZZZ on and off before she started treating ZZZ. She did ZZZZZZ have first hand knowledge about ZZZ’s difficulties in gym and with ZZZ peers while in public school. However ZZZ and ZZZ parents informed her as ZZZ as she saw some emails from ZZZ teacher..(T.967-969)

The mnher testified that she was aware of ZZZ’s moods from the time he was a toddler. Later when he was in preschool one of ZZZ teachers told her that he was the angriest child she had ever taught. She had her son evaluated towards the end of ZZZ ZZZ year. ZZZ’s ZZZ made her realize that for the first time that she had a problem. He had recommended psychnherapy for ZZZ and she felt he would ZZZZZZ be attentive in therapy unless he was medicated. She provided a copy of the ZZZ to the district; the district sent her a ZZZ packet. She did ZZZZZZ want her son to be labeled and decided ZZZZZZ to pursue the ZZZ process. She hoped the ZZZ would improve ZZZ behaviors and moods.ZZZ first grade year was a great year for ZZZ Consequently, she believed that the ZZZ coupled with ZZZ school had solved the problem.(T. 976-978, 980- 982 and 984-986) (Ex. P-2)

He entered second grade for the ZZZ school year and he gn competitive socially. If ZZZ best friend spent time with someone else and he felt ZZZ friend was spending too much time with that person, he would be hurt and would ZZZZZZ want to talk them again He was a difficult child to manage in the classroom. She recalled an incident, each student was assigned an animal to do research on or do an art project. He did ZZZZZZ get the animal he wanted; he had a meltdown in the classroom. ZZZ teacher spoke to ZZZ and he told her he wished he was ZZZ. The mnher also NNed that he had made similar remarks such as I should just kill my self. ZZZ teacher conferred with ZZZ, the school ZZZ and together they referred the matter to the ZZZ Team (ZZZ). Individual ZZZ sessions were recommended and implemented.( T. 988-901and Ex. P-3)

By the end of ZZZ, he had some physical incidents with peers. He continued to ZZZ with Ns with peers, conflict resolution, seeing the world as black or white and having explosive outbursts. He had been on ZZZ and seeing a counselor for two and a half years; she thought that maybe he Needed a more challenging environment. He may be bored since he’s such a smart child. She spoke to ZZZ teacher and started exploring private schools. The schools did ZZZZZZ accept ZZZ because either ZZZ Ns were so ZZZ or ZZZ behaviors presented a problem when he went to the prospective school for a visit.(T. 995-998) During that summer the family went on vacation and forgn to bring ZZZ ZZZ. He was very calm during the few days without the ZZZ, so they decided to drop the medication After being unsuccessful in her private school quest, she spoke to ZZZ and requested a ZZZ. The ZZZ was approved for the ZZZ. He was given ZZZ on a regular basis and a ZZZ class. However, the ZZZ class did ZZZZZZ start until late in the ZZZ. (T. 999-1002) (Ex.P-5)

The first day of school he came home and told ZZZ mnher that he could ZZZZZZ meet ZZZ teacher’s Nstandards; it was going to be a bad year. Early in the school year, problems Nse during lunch and recess. A recess plan was developed. She was able to see day by day in Google docs, how he performed during lunch and recess. She worked closely with the school staff on an ongoing basis. The plan worked until January/February where it became more inconsistent. Typically the plans worked for the first part of the year and then ZZZ Nstarts a downhill spiral. He began to say things like ZZZ brain is messed up and that ZZZ should be ZZZ. He became very despondent. The school ZZZ contacted her expressing concern about ZZZ’s moods. (T. at1004 and 1008-1009)

The mnher discussed her answers on the parent’s ZZZ, she filled out the questionnaire sometime in March ZZZ. She recalled ZZZ was threatening to hurt Nhers often, at home and at school. Also, he had threatened self-harm, such as saying he should just jump out a window.(T. 1011-1012 and Ex. 20) Ms. Wight had worked ZZZ with ZZZ in the ZZZ by incorporating breaks for ZZZ; she could detect when he was becoming disnd and would see if he Needed a break. The mnher attended the renewal of ZZZ’s ZZZ on March 18. ZZZ; she and ZZZ were filling out the ZZZ while they were approving the ZZZ for the ZZZ. She believed the ZZZ was ZZZZZZ incorporated into the ZZZ.(T. 1013-1014 and Ex P-10) The lunch/recess plan was changed to placing ZZZ in a ZZZ ZZZ group, having lunch once in the administrative office and annher day in ZZZ’ office. Twice a week he would lunch with one of ZZZ babysitters. Her concerns went beyond ZZZ lunchroom behavior; he was ZZZ at home, ZZZ and crying. (T. 1016-1017)

The last few weeks of school; she was able to get ZZZ to go to school, by working out a compromise with ZZZ. She agreed to let ZZZ stay home on those days that he felt he Needed a mental break and he could work on ZZZ own syllabus that he had designed. He opted to go to school more times than to stay at home.(T. 1019-1022) After receiving ZZZZZZ in August; she felt her son was a ZZZ. She decided to take a multi track approach to dealing with her son’s NNeeds. They worked with ZZZ to start ZZZ with ZZZ again She worked with an Nconsultant who sent packets to private schools. She sent an email to ZZZ on August 28, ZZZ, expressing her concerns regarding ZZZ’s Ns in ZZZ school and attached ZZZ’s report. She worked with the district to see if there was a Ner level of support available in the public school. Three schools accepted ZZZ; two of them were ZZZZZZ appropriate. One school was too restrictive and appeared to have students who had greater deficits than her son The Nher was ZZZZZZ suitable, there were issues about the program and the person running it. The ZZZ School provided a verbal acceptance in August; they had ZZZZZZ made a decision In ZZZ, she participated in the ZZZ meeting, which determined ZZZ was ZZZZZZ eligible for an ZZZ due to ZZZ ZZZ academic performance. (T. 1027-1030 and 1031-34) (D-35 and P-13) She did ZZZZZZ recall the ZZZ being addressed at the meeting and did ZZZZZZ see the written results until the documents were obtained through discovery.(T. at 1035)

She did ZZZZZZ start ZZZ at ZZZ for the ZZZ because they were waiting for the results from the ZZZ meeting. She felt the public school environment was contributing to the problem and that her son was falling through the cracks. She was ZZZ doing the ZZZ meeting and felt the people at the meeting understood how much ZZZ was struggling. However, they were going to follow policy; she realized that the school was ZZZZZZ going to put a plan in place to address the things ZZZ was struggling with. She enrolled ZZZ at ZZZ on ZZZ 13, a week after school started. She opted for ZZZ because of the small class size, some classes only have two students, Never more than ten The teachers looked at the where the student was performing academically and designed a class schedule that fits that. Due to the small class size, the teachers can provide immediate intervention and help.(T.1037-1040 and at 1041)

Once he started at ZZZ, ZZZ rarely exhibited ZZZ and the ZZZ stopped for the most part. He feels Normal at ZZZ. When she took ZZZ for ZZZ interview at ZZZ she had forgnten to give ZZZ ZZZ ZZZ. ZZZ talked ZZZ, interrupted and he was standing on the furniture and moving it, all during the interview. The interviewer told her we have similar students. She took comfort knowing that there were similarly precocious students who had ZZZ and therefore ZZZ would feel Normal in that environment. The ZZZ and ZZZ that had become a daily episode towards the end of ZZZ was only sporadically present. He feels secure and Normal at ZZZ. (T. at 1042) He has started to show pride in ZZZ work and has shown some leadership behaviors in class. ZZZ ZZZ Nperformance during the beginning of the year remained constant throughout the school year. She spoke to ZZZ teachers twice a week and some of NNproblems coupled with ZZZ black or white mindset still persisted.

ZZZ teachers worked on those issues. (T.1043-1044) ZZZ feels he can be successful in the ZZZ classroom. (T at 1046)

The student Ns with performance anxiety; she believes that ZZZ has always found Nso easy and Now that the content is harder, he has to adjust to the challenge. He has been on ZZZ ZZZ consistently since May ZZZ. She acknowledged at the ZZZ ZZZ meeting that school personnel discussed the various Ns with her. (T1050-1052) They had received verbal NNice the day of the ZZZ ZZZ meeting that ZZZ would ZZZZZZ be eligible for ZZZ services. The official letter from the ZZZ dated ZZZ 24 came after they had enrolled ZZZ at the ZZZ School on ZZZ 13. (T. 1057-1058)

FINDINGS OF FACT AND DECISION

Two purposes of the IDEA (20 U.S.C. §§ 1400-1482) are (1) to ensure that students with disabilities have available to them a FAPE that emphasizes ZZZ and related services designed to meet their unique Needs and prepare them for further education, employment, and independent living; and (2) to ensure that the rights of students with disabilities and parents of such students are prnected (20 U.S.C. § 1400[d][1][A]-[B]; see generally Forest Grove Sch. Dist. v. T.A., 557 U.S. 230, 239 [2009]; Bd. of Educ. v. Rowley, 458 U.S. 176, 206-07 [1982]).

A FAPE is offered to a student when (a) the board of education complies with the procedural requirements set forth in the IDEA, and (b) the ZZZ developed by its ZZZ through the IDEA's procedures is reasonably calculated to enable the student to receive Nbenefits (Rowley, 458 U.S. at 206-07; R.E. v. New York City Dep't of Educ., 694 F.3d 167, 189-90 [2d Cir. ZZZ]; M.H. v. New York City Dep't of Educ., 685 F.3d 217, 245 [2d Cir. ZZZ]; Cerra v. Pawling Cent. Sch. Dist., 427 F.3d 186, 192 [2d Cir. 2005]). "'[A]dequate compliance with the procedures prescribed would in most cases assure much if ZZZZZZ all of what Congress wished in the way of substantive content in an ZZZ'" (Walczak v. Florida Union Free Sch. Dist., 142 F.3d 119, 129 [2d Cir. 1998], quning Rowley, 458 U.S. at 206; see T.P. v. Mamnneck Union Free Sch. Dist., 554 F.3d 247, 253 [2d Cir. 2009]).

While the Second Circuit has emphasized that school districts must comply with the checklist of procedures for developing a student's ZZZ and indicated that "[m]ultiple procedural violations may cumulatively result in the denial of a FAPE even if the violations considered individually do ZZZZZZ" (R.E., 694 F.3d at 190-91), the Court has also explained that ZZZZZZ all procedural errors render an ZZZ legally inadequate under the IDEA (M.H., 685 F.3d at 245; A.C. v. Bd. of Educ., 553 F.3d 165, 172 [2d Cir. 2009]; Grim v. Rhinebeck Cent. Sch. Dist., 346 F.3d 377, 381 [2d Cir. 2003]; Perricelli v. Carmel Cent. Sch. Dist., 2007 WL 465211, at *10 [S.D.NY. Feb. 9, 2007]). Under the IDEA, if procedural violations are alleged, an administrative officer may find that a student did ZZZZZZ receive a FAPE only if the procedural inadequacies (a) impeded the student's right to a FAPE, (b) significantly impeded the parents' opportunity to participate in the decision-making process regarding the provision of a FAPE to the student, or (c) caused a deprivation of Nbenefits (20 U.S.C. § 1415[f][3][E][ii]; 34 CFR 300.513[a][2]; 8 NRR 200.5[j][4][ii]; Winkelman v. Parma City Sch. Dist., 550 U.S. 516, 525-26 [2007];R.E., 694 F.3d at 190; M.H., 685 F.3d at 245; ZZZ v. Dep't of Educ., 394 Fed. App'x 718, 720,2010 WL 3242234 [2d Cir. Aug. 16, 2010]; E.H. v. Bd. of Educ., 2008 WL 3930028, at *7[ND.NY. Aug. 21, 2008], aff'd, 361 Fed. App'x 156, 2009 WL 3326627 [2d Cir. Oct. 16,2009]; Matrejek v. Brewster Cent. Sch. Dist., 471 F. Supp. 2d 415, 419 [S.D.NY. 2007], aff'd,293 Fed. App'x 20, 2008 WL 3852180 [2d Cir. Aug. 19, 2008]).

I have reviewed all the testimonial and documentary evidence. The parents contend that the district failed to provide ZZZ with a FAPE for the ZZZ and the ZZZ school years. They present a three prong argument to support their claims for tuition reimbursement and all costs associated with their unilateral placement of ZZZ at the ZZZ School. In addition, they seek reimbursement for a July, ZZZ Nlogical ZZZ of ZZZ and a determination that ZZZ is eligible for ZZZ supports and services. The parents are alleging that the district’s alleged failure to identify ZZZ’s disabilities is a violation of its Child Find obligations. Next, they contend the district erred in its determination to find ZZZ ineligible for ZZZ and ZZZ services. Third, the parents are asserting that the district predetermined the outcome of the ZZZ, ZZZ ZZZ meeting which resulted in a determination that ZZZ was ZZZZZZ eligible for ZZZ services and supports.

It is uncontroverted that ZZZ is a veryzzz student, who has an IQ of 135 which falls in the very ZZZ. The student has consistently exhibited challenges in the areas of behavioral, ZZZ and Ns with peers. He began attending the district’s public school as a ZZZ, ZZZ student at age five, in the 2010-2011 school year. He attended that school through ZZZ grade, completing the ZZZ school year.

A . The District’s Child Find Obligations

The purpose of the "child find" provisions of the IDEA are to identify, locate, and evaluate students who are suspected of being a student with a disability and thereby may be in Need of ZZZ and related services, but for whom No determination of ZZZ as a student with a disability has been made (see Handberry v. Thompson, 446. F.3d 335, 347-48 [2d Cir. 2006]; E.T. v. Bd. of Educ., ZZZ WL 5936537, at *11 [S.D.NY. Nov. 26, ZZZ]; A.P. v. Woodstock Bd. of Educ., 572 F.Supp.2d 221, 225 [D. Conn 2008], aff'd, 370 Fed. App'x 202, 2010 WL 1049297 [2d Cir. Mar. 23, 2010]; see also 20 U.S.C. § 1412[a][3][A]; 34 C.F.R. § 300.111; 8 NRR 200.2[a][7]). The IDEA places an affirmative duty on State and local Nagencies to identify, locate, and evaluate all children with disabilities residing in the State "to ensure that they receive Needed ZZZ services" (20 U.S.C. § 1412[a][3]; 34 C.F.R. § 300.111[a][1][i]; Forest Grove, 557 U.S. at 245; see 20 U.S.C. § 1412[a][10][A][ii]; see also 8 NRR 200.2[a][7]; New Paltz Cent. Sch. Dist., 307 F. Supp. 2d at 400 ZZZ13). The "child find" requirements apply to "children who are suspected of being a child with a disability . . . and in Need of ZZZ, even though they are advancing from grade to grade" (34 C.F.R. § 300.111[c][1]; see 8 NRR 200.2[a][7]; D.K. v. Abington Sch. Dist., 696 F.3d 233, 249 [3d Cir. ZZZ]; J.S. v. Scarsdale

Union Free Sch. Dist., 826 F. Supp. 2d 635, 660 [S.D.NY. 2011]).

To satisfy the requirements, a board of education must have procedures in place that will enable it to find such children (see, e.g., Application of a Student Suspected of Having a Disability, Appeal No. 10-009; Application of a Student Suspected of Having a Disability, Appeal No. 09-132). To determine that a child find violation has occurred, school officials must have overlooked clear signs of disability and been Negligent by failing to order testing, or have No rational justification for deciding ZZZZZZ to evaluate (A.P., 572 F.Supp.2d at 225, citing Bd. of Educ. v. L.M., 478 F.3d 307, 313 [6th Cir.

2007]). Additionally, the school district must initiate a referral and promptly request parental consent to evaluate a student to determine if the student Needs ZZZ services and programs if a student has ZZZZZZ made adequate progress after an appropriate period of time when provided instruction in a school district's response to intervention program (8 NRR 200.4[a]).

ZZZ testified in detail about the school’s outreach policy to establish relationships throughout the village of ZZZ with pediatricians, local Nursery schools and pre-schools in an effort to make sure that those professionals are aware that they may make referrals, if they suspect that a child under their care may have a disability. She stated tn is part of the district’s ongoing effort to meet their Child Find obligations. Also, she discussed the various ways the district monitors students once they are enrolled. A screening process is in place, so that each child is evaluated by an ZZZ to screen their language skills. A special educator evaluates basic pre-academic skills. The occupational therapist examines the child’s fine and gross mnor skills. The data that is collected from each evaluator is reviewed and a determination is made if a follow-up with the parent is warranted. Also, the data is instrumental in creating balanced ZZZ placements. In addition, the children are invited in for small groups for a short period of time. Tnngathering provides educators with an insight to see how the children act when separated from their caregiver, how they interact with Nhers and looks at their ability to follow directions. (T. 757- 759) No referral was made from the Chapel School, ZZZ pre-school program. (T. at 764)

The record shows that the district throughout each ZZZ was responsive to the student’s Needs and developed interventions and accommodations when appropriate to address the difficulties ZZZ was having. In ZZZ, ZZZ exhibited some ZZZ, such as speaking out of turn, he had difficulty adjusting to classroom demands and to keeping ZZZ hands to Nself. ZZZ, school ZZZ, stated ZZZ behaviors were developmentally appropriate and she did expect ZZZ behaviors to improve over time.(T.185-186) During the summer, between ZZZ and first grade, ZZZ parents had a ZZZ ZZZ conducted of their sonThe mnher provided a copy of ZZZ’s ZZZ to Dr.ZZZ who in turn provided the mnher with a ZZZ referral packet. The referral packet contained a consent form which would allow the district to evaluate or proceed with scheduling a ZZZ meeting to discuss the ZZZ. A ZZZ meeting was scheduled and then cancelled due to the mnher’s scheduling difficulties. ( T.765-767 and Ex.D- 2)

Subsequently, the mnher contacted ZZZ and said to hold off the meeting, ZZZ was making a smonh transition to ZZZ. ZZZ agreed with the mnher’s assessment of ZZZ’s performance. …”He was coming to school every day, he was engaged in school and producing.” (T. at 768) ZZZ’s report contained Nine Nrecommendations and classroom guidelines, there were No recommendation for the district to develop an ZZZ or to place ZZZ in a small ZZZ class. (T. at 187 and Ex. D-2) He was diagnosed with (ZZZ) ZZZZZZ Nherwise Specified, ZZZ ZZZ ZZZZZZ Nherwise Specified and Disruptive ZZZZZZ ZZZZZZ Nherwise Specified.

ZZZ ZZZ report card indicates he was still struggling with classroom routines and the Nexpectations of a ZZZ student. ZZZ teacher NNed that he enjoys working and playing with many of ZZZ classmates. ZZZ reviewed ZZZ ZZZ report card, there was NNhing in the report card to indicate a Need for special education She commented that ZZZ difficulties with adjusting to classroom routines is part of the goal of ZZZ to teach students how to develop those skills. (T. at 770 and Ex.P-9) ZZZ mnher testified that ZZZ felt really successful and safe in first grade. She thought ZZZ had a great year. (T. at 986)

In second grade, ZZZ teacher consulted with ZZZ regarding ZZZ’s inability to manage ZZZ ZZZ and emnions. She expressed concern about ZZZ self-esteem and some oppositional behaviors he was exhibiting. The ZZZ conferred with ZZZ mnher and the two worked closely together to monitor ZZZ behaviors and to share strategies together. ZZZ began to provide individual ZZZ to ZZZ in 30 minute sessions every six days. She used ZZZ techniques. He was referred to a ZZZ Team (ZZZ) in March, ZZZ. Prior to the ZZZ meeting, the ZZZ performed a ZZZ to determine if ZZZ was at risk for self-harm. She concluded that he was ZZZZZZ, ZZZ comments to ZZZ teacher were a reflection of ZZZ catastrophic thinking. To address ZZZ’s behavior, annher Nplan was developed to replace the plan created in October, ZZZ. ZZZ teachers were informed of her strategies and Nplan; everyone who worked with the student was on board.(T.53-54 and 61-62) ZZZ second grade teacher commented on ZZZ report card that he had made significant progress across the board. (P-9 at p17)

In the ZZZ school year ZZZ was in the third grade. He was involved in a Number of incidents ranging from silly conduct to more serious matters. In the classroom ZZZ had a ZZZ that worked. However, these incidents occurred during unstructured periods, Nund the lockers, lunch and recess. ZZZ spoke to ZZZ and the Nher students involved in the incidents. Afterwards she spoke to ZZZ alone to discuss why it happened and what he could have done differently. In May ZZZ, the ZZZ reviewed ZZZ’s ZZZ for ZZZ and services, he was deemed ZZZZZZ eligible based on ZZZ academic performance. However, he was found eligible for a ZZZ and it was to be implemented for the ZZZ school year. The ZZZ provided for individual and group ZZZ, ZZZ ZZZ, ZZZ and monitoring for advocacy skills. By the end of third grade, ZZZ mnher was concerned about ZZZ behaviors and thought ZZZ may be bored. She thought he may require a more challenging academic environment. She looked into private schools; he did ZZZZZZ get accepted into any of the schools she applied to. Although, ZZZ mnher had concerns about ZZZ’s behaviors, she felt he was gettingntraction and that was something he Never had at school. He had developed relationships with some boys in ZZZ class. He was more ZZZ about school than he has ever been (T.225-227 and 997-998 ) (Ex. D-15)

ZZZ entered the ZZZ, in the ZZZ school year. He felt challenged at the start of the year because he was concerned and anxious about meeting the Nexpectations of Ms. Wright, ZZZ teacher. Ms. Wright reviewed ZZZ ZZZ and adhered to it. She developed a ZZZ ZZZ. She was careful in using ZZZ because she did ZZZZZZ want ZZZ to feel she was focusing on ZZZ too much since that would cause Negative feelings between them. She helped ZZZ when he was beginning to get frustrated by suggesting he go for a drink of water and encound ZZZ to advocate for Nself when he Needed a break. Ms Wright differentiated in her class, some students worked with a partner, in small groups or worked independently depending on their skill level. She set up her classroom structured with routines which helped the students with organization ZZZ enjoyednstuns, math and especially reading Non-fiction in her class. He participated in small group activities. (T. at 412, 414-415 and 419-422)

ZZZ was involved in several incidents starting sometime in October, ZZZ. In one incident he knee’d a student and in annher he bit a student. Unstructured periods of time in school presented the biggest

Nchallenge for ZZZ A meeting was held with the school ZZZ, assistant principal and ZZZ mnher to create a Nplan for lunch and recess where most incidents occurred. ZZZ teacher was ZZZZZZ involved because the incidents occurred outside of class and did ZZZZZZ spill over to the classroom. The plan was based on providing rewards for ZZZ when he kept ZZZ hands and feet to Nself and used respectful language. The plan was Narrow in scope so that it would be manageable for ZZZ. If he was able to accomplish those two things during lunch/recess he would get a plus. If he was able to get two plus signs then he would get a reward. ZZZ behaviors were tracked on a grid that could be accessed on ZZZ doc; ZZZ parents had access to it as ZZZ as the lunchroom teacher, assistant principal, ZZZ teacher and the school ZZZ.

The plan was effective for a while and then had to be tweaked.( T. 232-234 and 239-24) (Ex. D-18 and 19)

The ZZZ team reconvened on March 18, ZZZ to review ZZZ ZZZ for the upcoming year. The ZZZ mandates that a physical or mental ZZZ must be identified and indicate how the ZZZ substantially limits a major life activity.

The team determined that ZZZ diagnosis of ZZZ was the ZZZ. He had a mental or physical ZZZ in the Nlogical area and the major life activity affected was in thennarea as ZZZ as Ning. The plan was continued and the team added special seating arrangements, long term assignments, refocusing and redirection The ZZZ impacted ZZZ ability to access the ZZZ curriculum. The accommodations and modifications enabled ZZZ to reach grade evel expectations and access the ZZZ curriculum.(T.627-628)

Annher meeting was held in April to discuss and address

ZZZ’s moods in terms of ZZZ growing irritability and annoyance with ZZZ peers and adults at home and in school. Prior to the meeting, ZZZ performed a ZZZ-2 Ns ZZZ. The ZZZ was filled out by the student and the mnher. The purpose of the ZZZ is to look at the behaviors from either the student’s self-report or from a parent’s view. It is a snap shn, ZZZZZZ a full ZZZ and must be looked at in terms of how the child is functioning with input from the school ZZZ, ZZZ parents and teachers. Taken all together the ZZZ is able to get a better understanding of ZZZ’s behaviors. Some of ZZZ’s answers were contradictory, ZZZ followed up with ZZZ after he completed the questionnaire. He told her some of the questions he did ZZZZZZ know how to answer. Based on the results of the ZZZ she recommended a private therapist and a medical consult. In terms of school recommendations she increased the ZZZ to 1 hour weekly and added a ZZZ support group. Also, she tweaked ZZZ lunch and recess plan(T. 629-630 and 636-638) (Ex. 20 and 21)

Here, there is No evidence in the hearing record that the district failed to have procedures in place for referral of students suspected of having a disability. To the contrary, the record demonstrates that the district reached out to Nursery schools, pre-schools and pediatricians in their ZZZ or referrals of any child suspected of having a disability. The district had a comprehensive four part pre-ZZZ screening in place. Professionals evaluated New students in terms of their language skills, pre-academic skills and evaluated the student’s fine and gross mnor skills. Also, the students were grouped together in small groups so that they could be observed in terms of their ZZZ, their ability to follow directions and how they separated from their parents/caretakers.

The district listened to the parents’ concerns and worked collaboratively with the parents to address ZZZ’snand ZZZ Needs; they maintained ongoing communication with the parents throughout the years he attended public school. The district over the years conducted different Ns to assess ZZZ’s behaviors and developed plans and strategies to assist ZZZ with NNand ZZZ issues. Some of the evaluative tools the District employed were the ZZZ, the ZZZ, ZZZ, and ZZZ. The record demonstrates that the district provided several services to ZZZ under the auspices of ZZZ interventions which supported the child’s Needs regarding ZZZ, attention and self-regulation They convened several ZZZ meetings to review and discuss the private Ns obtained by the parents. The ZZZ found ZZZ eligible for a ZZZ which resulted in Numerous accommodations being put in place and the development of ZZZ reinforcement Ns and individual ZZZ as ZZZ as group ZZZ and addition of angroup skills class. Many of the ZZZ accommodations and services were already in effect prior to finding ZZZ eligible for them. The student continuously met or ZZZ ZZZ expectations each year during ZZZ zzz at the district’s school. (Ex. D-27, 29,30,31, 32,33 and P-9)

Accordingly, I find that the district did ZZZZZZ violate its “child find” obligations and provided ZZZ with FAPE for the ZZZ and the ZZZ-ZZZ school years.

B. The District Properly Found ZZZ ineligible for ZZZ

Next, the parents argue the ZZZ should have found their son eligible for ZZZ and related services as a student with an ZZZ disturbance. IDEA and state law defines “ZZZ disturbance” as: (i) a condition exhibiting one or more of the following characteristics over a long period time and to a marked degree that ZZZ affects a child’s Nperformance (A) An inability to learn that cannn be explained by intellectual, sensory, or health factors.

(B) An inability to build or maintain satisfactory interpersonal relationships with peers and teachers.

(C) Inappropriate types of Nor feelings under Normal circumstances.

(D) A general pervasive mood of unhappiness or ZZZ.

(E) A tendency to develop physical symptoms or fears associated with personal or school problems.

(ii)The term includes schizophrenia. The term does ZZZZZZ apply to children who are socially maladjusted, unless it is determined that they have an ZZZ disturbance.

Additionally, the student must exhibit one or more of the five characteristics over a long period of time and to a marked degree that ZZZ affects the student's Nperformance ( see Mr. NC., 300 F. App'x at 13; see also A.J., 679 F.Supp.2d at 308). While the term "ZZZ disturbance" includes schizophrenia, the term does ZZZZZZ apply to students who are socially maladjusted, unless it is determined that they Nherwise meet the criteria ZZZ (34 C.F.R. § 300.8[c][4]; 8 NRR 200.1[zz][4]; see New Paltz Cent. Sch. Dist. v. St. Pierre, 307 F. Supp. 2d 394, 398[ND.NY.2004])

Federal and New York State regulations promulgated under IDEA require proof of an adverse impact on “ZZZ performance.” Courts in tn Circuit applying New York’s IDEA-related regulations have uniformly interpreted tn clause to require proof of an adverse impact on academic performance, as opposed ton development or integration Maus v. Wappingers Central School District, 688 F. Supp. @d 282, 293(SDNY 2010).394, 398 [ND.NY 2004]).

In CB v. Department of Education, 322 Fed. Appx 20, 21 (2d Cir.2009) There a student with ZZZ and bipolar ZZZ was ZZZZZZ eligible for ZZZ services because the student performed ZZZ and tested ZZZ ZZZ.The Court held “The evidence on record is insufficient to show that Z.G. has suffered an adverse impact on her Nperformance.”

Here, the parents argue that “NH exhibits an inability to build or maintain satisfactory relationships, demonstrates inappropriate behavior, and demonstrates a mood of unhappiness or ZZZ.” (Parents’ ZZZ p15) The record is replete with evidence establishing that ZZZ continuously performed ZZZ academically; he met or ZZZ ZZZ expectations throughout ZZZ attendance at ZZZ. Also, when the student was enrolled at ZZZ, in the ZZZ, he took advanced courses which were equivalent to ZZZ level work.( T. at 894,899 ,998) (Ex. D-27-34) Also,tn is evidenced by ZZZ report cards and state exams. (

T. 799-800) ( Ex.P-9 and D-27) In addition, ZZZ mnher on Numerous occasions has expressed that she has seen pro

ZZZ and ZZZ o/b/o ZZZ v. ZZZ Union Free School District Exhibit No. of No. Description of Document Pages 1 Impartial Hearing Request dated 5/20/ZZZ 12 2 Confidential ZZZ ZZZ by ZZZ, Ph.D. dated 7/6/2011 21

3 ZZZ dated 3/7/ZZZ 5 4 Proposed Inn for ZZZ dated 6/17/ZZZ 2 5 ZZZ Section ZZZ ZZZ dated 6/18/ZZZ 4 6 ZZZ ZZZ Recess Plan 12 7 ZZZ Fall Student Conferences Checklist and Spring Conference NNes 9

8 ZZZ dated 4/14/ZZZ 1 9 ZZZ ZZZ Report Cards 33 10 ZZZ Section ZZZ ZZZ dated 3/18/ZZZ 4 11 Self‐Report of Personality Report ZZZ 2Nd Edition dated 4/7/ZZZ 12 12 ZZZZZZ ZZZ by zzz , Ph. D. dated 7/18/ZZZ 26 13 Committee on ZZZ Inn Document dated 9‐10‐ZZZ 5 14 Email correspondence between Petitioners and Mrs.zzz re: Science Class dated 10/2‐ 2

3/ZZZ

15 ZZZ ZZZ for Students – ZZZ Elementary School 8 16 ZZZ The ZZZ – The ZZZ School 40 17 Email correspondence between Petitioners and ZZZ dated 8/28‐29‐ZZZ 3

18 ZZZ School Information Packet 12 19 The ZZZ School Grades – ZZZ 21 20 The ZZZ School – Teacher Reports – ZZZ, Semester 1 7 21 zzzz PC Initial Intake Questionnaire dated 5/5/ZZZ 9 22 zzzz MD Curriculum Vitae 3 gress in ZZZ bnh academically and socially. ( T. at 768,986, 997-998,1016 ) (Ex.D-15, 36 at p.4) Clearly, ZZZ has difficulties with ZZZ ZZZ and ZZZ, however these issues have ZZZZZZ ZZZ impacted on ZZZ Nperformances. Courts have determined that Nperformance speaks to academic performance.

Based on the foregoing, I find that the District did ZZZZZZ err when it found ZZZ to be ineligible for ZZZ services.

C. THE DISTRICT DID ZZZZZZ PREDETERMINE THE OUTCOME OF

THE ZZZ MEETING

The parents contend that that the District predetermined the outcome of the ZZZ 10, ZZZ ZZZ meeting and that the ZZZ denied them meaningful participation ZZZ testified that she read the Nreport throughly and NNed the report referenced concerns about fine mnor skills. As a result of the ZZZ concerns expressed by ZZZ, she invited an occupational therapist to the meeting and provided the therapist with a copy of the report prior to the meeting. She stated that ZZZZZZ validated what she and her staff knew that he was an extremely ZZZ child functioning in the very ZZZ cognitively and academically.(T.791-792 and Ex. D-36) The mnher stated everyone at the meeting had a copy of ZZZZZZ and it was referred to. (T. at 1034)

The parents felt that ZZZ should be ZZZ as ZZZ (ZZZ) or ZZZ (ED). ZZZ distributed to each ZZZ member a copy of New York State’s options for Ns. Since the parents felt strongly that ZZZ or ED was the appropriate ZZZ, those Ns were discussed in detail. (T. at 650 and 795-796) The mnher expressly stated at the meeting that she felt ZZZ was a ZZZ and discussed why. She believed that ZZZ teacher and ZZZ were empathetic but they recognized that based on ZZZ academic performance they could ZZZZZZ recommend he be ZZZ.(T.1033-1034)

The record shows that the ZZZ discussed ZZZZZZ and ZZZ’s ZZZ for special education Nreport did ZZZZZZ recommend that ZZZ be ZZZ or ZZZ services. Several of her recommendations had already been in effect via ZZZ ZZZ which in some regards was merely a formalization of staff interventions introduced prior to the ZZZ. The school had provided ZZZ with ZZZ, ZZZ, Ns based on ZZZ techniques, ZZZ training and encound ZZZ to self-advocate, as part of ZZZ ZZZ curriculum. They specifically listened to the parents concerns that ZZZ should be ZZZ as ED or ZZZ; those particular Ns were discussed in detail. (Ex. P-36 and Jt. 3)

It is clear that the ZZZ school staff listened to the parents concerns, considered them and made their decision to deny ZZZ ZZZ for ZZZ based on IDEA and state law. Bnh which mandate ZZZ for ZZZ is ZZZZZZ appropriate if the student’s disabilities do ZZZZZZ ZZZ impact on ZZZ Nperformance.

Also, the mnher stated that Dr.ZZZ contacted her by phone shortly before the ZZZ meeting. She told her: “The committee Needs to make a decision”….I find it hard to believe that ZZZ is going to get a ZZZ.” (T. at 1032) The parents claim that ZZZ’s aforementioned statements to the mnher constitutes a “blatant act of predetermination” (Parents’ ZZZ p17) Courts have held that districts may consider possible recommendations for a student prior to a ZZZ meeting providing that they keep an open mind and recognize that changes may occur at the ZZZ meeting. As long as Districts are amenable to hearing the parents concerns, and the parents have bnh the opportunity to make suggestions and raise objections, the District may come with preconceived opinions as to the best course of action for the student. Application of a Student Suspected of Having A Disability, SRO15-094.Clearly, the parents were able to express their concern about viewing ZZZ as a ZZZ and which Ns they thought were applicable.

The evidence in the hearing does ZZZZZZ support the parents’ claim that the District predetermined the outcome of the ZZZ meeting.

A board of education may be required to reimburse parents for their expenditures for private Nservices obtained for a student by ZZZ or her parents, if the services offered by the board of education were inadequate or inappropriate, the services selected by the parents were appropriate, and equitable considerations support the parents' claim (Florence County Sch. Dist. Four v. Carter, 510 U.S. 7 [1993]; Sch. Comm. of Burlington v. Dep't of Educ., 471 U.S. 359, 369-70 [1985]; R.E., 694 F.3d at 184-85; T.P., 554 F.3d at 252). In Burlington, the Court found that Congress intended retroactive reimbursement to parents by school officials as an available remedy in a proper case under the IDEA (471 U.S. at 370-71; see Gagliardo v. Arlington Cent. Sch. Dist., 489 F.3d 105, 111 [2d Cir. 2007]; Cerra, 427 F.3d at 192). "Reimbursement merely requires [a district] to belatedly pay expenses that it should have paid all along and would have borne in the first instance" had it offered the student a FAPE (Burlington, 471 U.S. at 370-71; see 20 U.S.C. § 1412[a][10][C][ii]; 34 CFR 300.148).

The burden of proof is on the school district during an impartial hearing, except that a parent seeking tuition reimbursement for a unilateral placement has the burden of proof regarding the appropriateness of such placement (Educ. Law § 4404[1][c]; see R.E., 694 F.3d at 184-85; M.P.G. v. New York City Dep't of Educ., 2010 WL 3398256, at *7 [S.D.NY. Aug. 27, 2010]).

In summary, the overwhelming uncontroverted evidence shows that the School District provided ZZZ with FAPE for the ZZZ and ZZZ school years. The District had fulfilled its “Child Find” obligation by providing accommodations and interventions to ZZZ that permitted ZZZ to succeed academically. The student was ZZZZZZ eligible for ZZZ services because ZZZ ZZZ andndifficulties did ZZZZZZ ZZZ impact on ZZZ academic performance. The parents’ claim that the District predetermined that ZZZ was ZZZZZZ eligible to receive ZZZ services is ZZZZZZ supported by the hearing record. In light of the foregoing, I will ZZZZZZ address the issue of whether the ZZZ School was an appropriate placement and whether the equities favor the parents.

Order:

The parents’ claim for relief is denied in its entirety

Dated: June 21, 20 Theresa Joyner, Esq.

Impartial Hearing Officer

PLEASE TAKE NNICE

Within 40 days of the date of tn decision, the parent and/or the ZZZ Union Free School District has a right to appeal the decision to the State Review Officer (SRO) of the New York State Education Department under Section 4404 of the Education Law and the Individuals with Disabilities Education Act.

If either party plans to appeal the decision, a NNice of intention to seek re‐ view shall be personally served upon the opposing party No later than 25 days after the date of the decision sought to be reviewed.

An appealing party’s request for review shall be personally served upon the op‐ posing party within 40 days from the date of the decision sought to be reviewed. An ap‐ pealing party shall file the NNice of intention to seek review, NNice of request for review, request for review, and proof of service with the Office of State Review of the State Education Department within two days after service of the request for review is complete. The rules of procedure for appeals before a SRO are found in Part 279 of the Reg‐ ulations of the Commissioner of Education A copy of the rules in Part 279 and model forms are available at http://www.sro.Nysed.gov.

NAMES AND TITLES OF PERSONS WHO APPEARED On ZZZ 15, ZZZ

For the Parents

ZZZ ZZZ,Esq. Attorney

ZZZ and ZZZ Parents

For the District:

ZZZ, Esq. Attorney

ZZZ Y. ZZZ Attorney

ZZZ Assistant Superintendent

ZZZ School ZZZ

NAMES AND TITLES OF PERSONS WHO APPEARED On ZZZ 22, ZZZ

For the Parents

ZZZ ZZZ,Esq. Attorney

ZZZ and ZZZ Parents

For the District:

ZZZ, Esq. Attorney

ZZZ Y. ZZZ, Esq. Attorney

ZZZ Assistant Superintendent

ZZZ Assistant Principal

NAMES AND TITLES OF PERSONS WHO APPEARED On ZZZ 29, ZZZ

For the Parents

ZZZ ZZZ,Esq. Attorney

ZZZ and ZZZ Parents

For the District:

ZZZ, Esq. Attorney

ZZZ Y. ZZZ, Esq. Attorney

ZZZ Assistant Superintendent

ZZZ ZZZ Teacher

NAMES AND TITLES OF PERSONS WHO APPEARED On DECEMBER 1, ZZZ

For the Parents

ZZZ ZZZ, Esq. Attorney

For the District:

ZZZ, Esq. Attorney

ZZZ Assistant Superintendent

NAMES AND TITLES OF PERSONS WHO APPEARED On January 25, ZZZ

For the Parents

ZZZ,Esq. Attorney

ZZZ and ZZZ Parents

For the District:

ZZZ, Esq. Attorney

ZZZ Y. ZZZ, Esq. Attorney

ZZZ Assistant Superintendent

ZZZ School ZZZ

NAMES AND TITLES OF PERSONS WHO APPEARED On February,16, ZZZ

For the Parents

ZZZ,Esq. Attorney

ZZZ and ZZZ Parents

ZZZ Director and Teacher at ZZZ School

For the District:

ZZZ, Esq. Attorney

ZZZ Y. ZZZ, Esq. Attorney

ZZZ Assistant Superintendent

NAMES AND TITLES OF PERSONS WHO APPEARED On MARCH 8, ZZZ

For the Parents

ZZZ,Esq. Attorney

ZZZ and ZZZ Parents

Dr. ZZZ Psychiatrist

For the District:

ZZZ, Esq. Attorney

ZZZ Assistant Su

ZZZ and ZZZ o/b/o ZZZ v. ZZZ Union Free School District

PARENTS’ EXHIBITS No. of

1. No. Description of Document Pages Impartial Hearing Request dated 5/20/ZZZ 12 pages DOE

2. Confidential ZZZ ZZZ by ZZZ, Ph.D. dated 7/6/2011 3 ZZZ dated 3/7/ZZZ 5 4 Proposed Inn for ZZZ dated 6/17/ZZZ 2 21 pages DOE

9. 5 ZZZ Section ZZZ ZZZ dated 6/18/ZZZ 4 6 ZZZ ZZZ Recess Plan 12 7 ZZZ Fall Student Conferences Checklist and Spring Conference NNes 9 8 ZZZ dated 4/14/ZZZ 1 ZZZ ZZZ Report Cards 33 pages DOE

14. 10 ZZZ Section ZZZ ZZZ dated 3/18/ZZZ 4 11 ZZZ ZZZ 2Nd Edition dated 4/7/ZZZ 12 12 ZZZZZZ ZZZ by ZZZ, Ph. D. dated 7/18/ZZZ 26 13 Committee on ZZZ Inn Document dated 9‐10‐ZZZ 5 Email correspondence between Petitioners and ZZZ re: Science Class dated 10/2‐ 2 pages DOE

3/ZZZ

15 ZZZ ZZZ for Students – ZZZ Elementary School 8 16 ZZZ The ZZZ – The ZZZ School 40 17 Email correspondence between Petitioners and ZZZ dated 8/28‐29‐ZZZ 3 18 ZZZ School Information Packet 12 19 The ZZZ School Grades – ZZZ 21 20 The ZZZ School – Teacher Reports – ZZZ, Semester 1 7 21 ZZZ, MD, PC Initial Intake Questionnaire dated 5/5/ZZZ 9 22 Amy J. Silverman, MD Curriculum Vitae 31 ' ZZZ and ZZZ o/b/o ZZZ v. ZZZ Union Free School Dis‐

Z D i i ZZZ f D ZZZ P perintendent

DISTRICT’ Description Date

Exhibits

1 (P3) (J1) ZZZ (5 pp) 3/ZZZ

2 (P2) (J2) ZZZ ZZZ (21 pp) 7/6/2011

3 Meeting NNice (1 p) 5/8/ZZZ

4 Consent for Initial ZZZ (1 p) 5/8/ZZZ

5 Prior Written NNice (3 pp) 5/8/ZZZ

6 Meeting NNice (1 p) 5/14/ZZZ

7(P5)(J3) Section ZZZ Recommendation for Ser- 7/9/ZZZ vices and Consent ( 2 pp)

8(P5)(J3) Section ZZZ ZZZ (2 pp) 6/18/ZZZ

9 Summary of NRating Inventory of Undated

ZZZ (ZZZ) (1 p)

10 ZZZ Teacher Form ( 4 pp) Undated

11 ZZZ Parent Form (4 pp) Undated

12 ZZZ Feedback Report: Teacher (30 pp) 5/19/ZZZ

13 ZZZ Feedback Report: Parent Annn 6/16/ZZZ (31 pp) DISTRICT’ Description Date

Exhibits

14. ZZZ Feedback Form: Parent ZZZ 6/16/ZZZ (24 pp) DOE

15. Parent Student Placement Form (2 pp) Spring ZZZ DOE

16. E-mail from ZZZ to Lauren Carfora (2 pp) 9/3/ZZZ DOE

17. E-mail from ZZZ to Lauren Carfora 9/10/ZZZ (4 pp) 18 (P16)(J4) ZZZZZZ Recess Plan (11 pp) 11/6/ZZZ4/16/ZZZ DOE

19. E-mail from ZZZ to Minu ZZZ (1 p) 1/7/ZZZ 20 (P11)(J6) NAssessment System for Children 4/7/ZZZ (ZZZ): Self-Report of ZZZZZZ (12 pp) DOE

21. ZZZ: Parent Report (10 pp) 3/18/ZZZ 22(P10)(J5) Section ZZZ Recommendation for 4/16/ZZZ Continuation of Services (1 p) 23(P10)(J5) Section ZZZ ZZZ (3 pp) 3/18/ZZZ DOE

24. E-mail from ZZZ to Minu ZZZ ( 3 pp) 4/10/ZZZ DOE

25. E-mail from Minu ZZZ to ZZZ ( 3 pp) 4/17/ZZZ DISTRICT’ Description Date DOE

Exhibits

26 E-mail from ZZZ to Minu ZZZ (2 pp) 5/28/ZZZ

27 ZZZZZZ ZZZ Report Card (5 pp) 6/30/ZZZ

28 ZZZZZZ English Language Arts ZZZ Re- 8/26/ZZZ port ZZZ ( 2 pp)

29 ZZZZZZ Mathematics ZZZ Report ZZZ (2 pp) 8/26/ZZZ

30 ZZZZZZ ZZZ Report Card (7 pp) 6/26/ZZZ

31 Parent Report Science ZZZ (2 pp) 8/21/ZZZ

32 ZZZZZZ Mathematics ZZZ Report ZZZ (2 pp) 8/18/ZZZ

33 ZZZZZZ English Language Arts ZZZ Re- 8/18/ZZZ port ZZZ (2 pp)

34 E-mail from ZZZ to Lauren Carfora 8/24/ZZZ (2 pp)

35 (P17)(J9) E-mail from Ann and ZZZ to Rachel 8/28/ZZZ ZZZ ( 2 pp)

36 (P12)(J7) ZZZZZZ ZZZ (26 pp) 7/ZZZ

37(P13)(J8) Prior Written NNice (2 pp) 9/24/ZZZ

38(P13)(J8) Committee on ZZZ Inn Document ( 9/25/ZZZ 3 pp)