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Special Education Law
DECISIONDismissedCT SDE Case No. 04-0142

Student v. Ridgefield Board of Education

STATE OF CONNECTICUT

DEPARTMENT OF EDUCATION

Student v. Ridgefield Board of Education - CT SDE Case No. 04-0142

Case No. 04-0142

Student v. Ridgefield Board of Education

Appearing on behalf of the Parents: Attorney Jennifer D. Laviano Jennifer D. Laviano, P.C. 77 Danbury Road, Suite C-6 Ridgefield, CT 06877

Appearing on behalf of the Board: Attorney Lawrence J. Campane Sullivan, Schoen, Campane & Connon, LLC 646 Prospect Avenue Hartford, CT 06105-4286

Appearing before: Attorney Mary Elizabeth Oppenheim Hearing Officer

ISSUE:

Whether the Parents are entitled to reimbursement for the ABA services provided to the Student for the 2003-2004 school year.

SUMMARY:

The matter was assigned on May 28, and a prehearing conference was held on June 4. At the prehearing, counsel for both parties confirmed that the parties were attempting to settle this matter by submitting this case to an advisory opinion proceeding. The attorney for the Parents submitted a request for an extension of the mailing date of the decision so that the parties could participate in the advisory opinion proceeding. That request was granted in accordance with Section 10-76h-9(e) of the Connecticut Regulations which provides for a 30-day postponement for settlement discussions between the parties.

On July 16, the attorney for the Parents submitted a notice that the parties are continuing to discuss settlement options after concluding the advisory opinion process, and would not proceed with the scheduled hearing on July 22. In accordance with Section 10-76h-9(e) of the Connecticut Regulations, if the parties are not prepared to go forward with the hearing, the hearing officer shall dismiss the hearing request without prejudice.

FINAL DECISION AND ORDER:

The matter is DISMISSED, without prejudice.