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Special Education Law
DECISIONDismissedCT SDE Case No. 10-0397

Student v. Stamford Board of Education

STATE OF CONNECTICUT

DEPARTMENT OF EDUCATION

Student v. Stamford Board of Education - CT SDE Case No. 10-0397

Case No. 10-0397

Student v. Stamford Board of Education

Appearing on behalf of the Parents: Parent pro se

Appearing on behalf of the Board: Attorney Andreana R. Bellach Attorney Christopher Tracy Shipman & Goodwin LLP 300 Atlantic Street Stamford, CT 06901-3522

Appearing before: Attorney Patricia M. Strong, Hearing Officer

ISSUES:

1. Was the Student improperly expelled from the middle school on March 9, 2010 without a hearing?

2. If so, should the Student be returned to school so that a functional behavior assessment could be conducted as agreed on by the Planning and Placement Team at the March 9, 2010 meeting?

PROCEDURAL HISTORY:

The Surrogate Parent (“Parent”) filed this expedited hearing request on April 27, 2010. This Hearing Officer was assigned to the case on April 28, 2010. The Board’s attorneys filed an appearance on May 3, 2010. A prehearing conference was held on May 5, 2010 with Parent. The Board’s attorneys were not available. A hearing date of May 17, 2010 was selected and the mailing date for the final decision was set at June 1, 2010. On May 6, 2010, the Board’s attorneys apologized for missing the prehearing conference and stated that the parties had had productive settlement discussions, which indicated a settlement was likely. On May 10, 2010, the Parent telephoned the Hearing Officer and left a voice mail message stating that she wanted to withdraw the case. On May 11, 2010, the Hearing Officer wrote to the parties advising them that the hearing on May 17, 2010 was canceled and that the Parent needed to file a written request to withdraw the complaint. On May 19, 2010, a letter was received from the Parent stating that the Board had addressed her concerns and that she wished to withdraw the due process request.

FINAL DECISION AND ORDER:

It is ordered that this case shall be dismissed.