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Special Education Law
DECISIONDismissedCT SDE Case No. 10-0111

Student v. Stamford Board of Education

STATE OF CONNECTICUT

DEPARTMENT OF EDUCATION

Student v. Stamford Board of Education - CT SDE Case No. 10-0111

Case No. 10-0111

Student v. Stamford Board of Education

Appearing on behalf of the Parent: Parents, Pro Se

Appearing on behalf of the Board: Attorney Andreana R. Bellach Shipman & Goodwin, LLC 300 Atlantic Street Stamford, CT 06901

Appearing before: Hearing Officer Elisabeth Borrino

ISSUES:

1. Whether the Board failed to provide FAPE for 2009-2010 school year;

2. Whether the Board failed to provide a copy of the IEP in a timely manner;

3. Whether the Board failed to set up necessary appointments for the Parents to visit potential educational placements;

4. Whether the Board failed to provide the appropriate notice of Planning and Placement Team meetings (“PPT”);

5. Whether the Board failed to convene a PPT;

6. Whether the Board failed to timely and properly evaluate and assess the Student’s levels of performance;

7. Whether the Board failed to develop critical assessment reports, including but not limited to behavioral assessments and a meaningful base-lining of the Student’s then-existing functioning and skill levels;

8. Whether the Board failed to meaningfully consider any of the private evaluations, assessments and progress reports from the Student’s service providers;

9. Whether the Board failed to have appropriate persons present at the PPTs;

10. Whether the Board failed to provide extended year services;

11. Whether the Board failed to provide extended day services;

12. Whether the Board failed to propose a transition plan;

13. Whether the Board failed to develop a Behavior Intervention Plan or a Functional Behavior Assessment;

14. Whether the Board failed to develop appropriate goals and objectives in the IEP;

15. Whether the Board failed to recommend or offer a specific placement;

16. Whether the Board is ready, willing, and able to fulfill the IEP mandates with appropriate personnel;

17. Whether the Board should provide compensatory services;

18. Whether the Board should reimburse the Parents;

19. Whether the Parents have interfered to the extent of impeding the Board’s ability to address concerns; and

20. The Board raised the defense of the Parents’ unclean hands.

SUMMARY:

The Board received this Request for Hearing on September 17, 2009. Pre-Hearing Conferences were held on September 24, 2009, October 7, 2009, and October 14, 2009. Hearing dates were scheduled for November 5, 2009, November 6, 2009, November 16, 2009, and November 20, 2009. The Hearing commenced on November 5, 2009 with the submission of testimony and exhibits. On November 6, 2009, prior to commencing the second day of Hearing, the parties advised the Hearing Officer that they had reached a settlement. The Parents withdrew the Request for Due Process with prejudice.

FINAL DECISION AND ORDER:

The matter is DISMISSED, with prejudice.