Interestingly, this case began with an IHO determination in favor of the parents. This case concerns a child with autism, Tourette's, and ADHD whose parents were initially awarded tuition reimbursement for the Luria Academy of Brooklyn (a private placement), funding for the services of therapists and a paraprofessional, and reimbursement for transportation costs. The IHO determined, in part, that:
- the parent had not been given the opportunity to meaningfully participate in the decision making process,
- the decisions of the IEP had been predetermined,
- the IEP team did not adequately consider the negative impact of the large size of the recommended classroom, and
- other substantive inadequacies existed such as the failure to conduct/recommend a functional behavior assessment, a twelve-month school year, and parent training and counseling.