A Pennsylvania District Court found that a school district did not provide FAPE when it offered a student with autism, OCD, and a conduct disorder a therapeutic day program that could not meet his need for 24/7 behavioral supports. Specifically, the student was obsessed with playing video games and would become violent and would elope if reasonable limits were set on his gaming time. The therapeutic day program director offered very general testimony as to the appropriateness of its program for the student with no specifics as to how it would teach the student to use electronics on a limited basis. The director of the program failed to identify any facts to illustrate how the program would address the student’s unique needs. The Court went on to uphold the appropriateness of the unilateral placement and granted the family’s request for reimbursement.

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