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Special Education Law
DECISIONDismissedCT SDE Case No. 13-0408

Student v. Ridgefield Board of Education

STATE OF CONNECTICUT

DEPARTMENT OF EDUCATION

Student v. Ridgefield Board of Education - CT SDE Case No. 13-0408

Case No. 13-0408

Appearing on behalf of the Parent: Attorney Gerry McMahon The Law Office of Gerry McMahon, LLC 98 Mill Plain Road, Suite 3B Danbury, CT 06811

Appearing on behalf of the Board: Attorney Marsha Moses Berchem, Moses & Devlin, PC 75 Broad Street Milford, CT 06460

Appearing before: Robert L. Skelley, Esq., Hearing Officer

ISSUES:

1. Did the Ridgefield Board of Education (“Board”) fail their Child Find obligations in finding, evaluating and classifying the Student?

2. Did the Board fail to provide the Student a free and appropriate public education (“FAPE”) for the academic years 2011-2012 and 2012-2013 as more fully articulated in the Parent’s complaint?

3. Did the Board violate the Due Process rights of the Student during the academic years in question as more fully articulated in the Parent’s complaint?

4. If the answer to any of the above questions 1,2, or 3 is “Yes”, what is the appropriate remedy and are compensatory services an appropriate part of that remedy?

PROCEDURAL HISTORY:

The initial complaint was filed by the Parents on April 8, 2013. On April 26, 2013 a pre-hearing conference was held, where the issues listed above were identified by the Parties. Initial hearing dates were set for June 10, June 24, and June 28, 2013. A resolution meeting was held on May 2, 2013, On June 3°2013, the Parties, through counsel, requested in writing for a thirty (30) day extension of the due process hearings, as they believed they would be able to reach resolution without the need for the hearings. The request was granted, the due process hearing dates were moved to July 11 and July 12, 2013. On June 23, 2013, through counsel, the Parents withdrew their request for due process, with prejudice.

FINAL DECISION AND ORDER:

On June 23, 2013, the Parents, in writing and through counsel, withdrew their request for a due process hearing in this matter, with prejudice. With no further issues to be resolved in this matter, the matter is DISMISSED WITH PREJUDICE.