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Special Education Law
DECISIONDismissedCT SDE Case No. 14-0049

Student v. Greenwich Board of Education

STATE OF CONNECTICUT

DEPARTMENT OF EDUCATION

Student v. Greenwich Board of Education - CT SDE Case No. 14-0049

Case No. 14-0049

Student v. Greenwich Board of Education

Appearing on behalf of the Board of Education: Attorney Lawrence Berliner Law Office of Lawrence Berliner, LLC 1720 Post Road East, Suite 214E Westport, CT 06880

Appearing on behalf of the Student: Attorney Abby Wadler Greenwich Town Hall 101 Field Point Road Greenwich, CT 06839

Appearing before: Ann F. Bird, Esq., Hearing Officer

ISSUES:

1. Did the Greenwich Board of Education offer the Student a free appropriate public education between July 17, 2011 and the present?

2. If not, is the Student’s unilateral placement appropriate?

3. If so, is the Student entitled to reimbursement for educational and transportation service expenses? ;

4. Is the Student entitled to reimbursement for the expense of Dr. Dorta’s evaluation?

5. Does the statute of limitations bar the Student’s claims relating to the time before July 17, 2011?

6. If not, what remedies, if any, are appropriate for that period?

7. Did the Board of Education comply with the Individuals with Disabilities Education

Improvement Act before October 25, 2011?

8. If not what remedies, if any, are appropriate for that period?

PROCEDURAL HISTORY:

The Student requested an impartial special education hearing in the above-captioned matter on July 17, 2013. The Impartial Hearing Officer was appointed on July 18, 2013. A telephonic pre-hearing conference was held on August 5, 2013 and an evidentiary hearing was scheduled for September 23, 2013. On September 17, 2013, Counsel for the Student was forced to request postponement of the September 23, 2013 hearing due to an emergency conflict in his schedule. Consequently, the September 23, 2013 hearing date was canceled and a new date of November 8, 2013 was scheduled. On November 1, 2013, Counsel for the Student reported to the Impartial Hearing Officer that the matter was settled and requested that the matter be dismissed.

FINAL DECISION AND ORDER:

It is ordered that the Student’s request for dismissal is granted and this matter is dismissed.