STATE OF CONNECTICUT
DEPARTMENT OF EDUCATION
Connecticut SDE Decision 09-0084
Case No. 09-0084
Appearing on behalf of the Parents: Attorney Nora Belanger 10 Wall ST Norwalk, CT 06850
Appearing on behalf of the Board of Education: Attorney Marsha Moses Berchem Moses &Devlin 75 Broad ST Milford, CT. 06460
Appearing before: Attorney Deborah R. Kearns, Hearing Officer
ISSUES
I. Whether the local education agency provides the Student with an individual education program that provides a free and appropriate public education? II. If not, whether the Board of Education must place the Student in an out-of-district placement in order to receive a free and appropriate public education?
PROCEDURAL HISTORY
The parents, through counsel, requested a due process hearing on or about August 15, 2008. On August 27, 2008, the Board of Education filed a Sufficiency Challenge, stating the compliant fails to state a proposed resolution pursuant to 34 C.F. R. § 300.508(b)(6). On September 3, 2008, the parents through counsel filed, Objection to the Sufficiency Challenge, stating the complaint contains the requisite proposed resolution. At a prehearing conference on September 5, 2008, counsel for the parents clarified the Board of Education had not received a full copy of the complaint. It was then decided the complaint met the statutory and regulatory requirements. The parties requested time to pursue mediation in the matter. The mediation was scheduled for the first day of hearing. The parties requested postponement of the scheduled hearing date, which was granted. The parties were able to reach settlement prior to the scheduled hearing date, and request the matter be dismissed with prejudice. The matter was resolved within forty-five days as extended to schedule mediation.
1. The case is dismissed with prejudice.