STATE OF CONNECTICUT
DEPARTMENT OF EDUCATION
Student v. Darien Board of Education - CT SDE Case No. 14-0427
Case No. 14-0427
Student v. Darien Board of Education
Appearing on behalf of the Parent: Attorney Meredith Braxton Meredith C. Braxton, Esq. LLC 280 Railroad Avenue, Suite 205 Greenwich, CT 06830
Appearing on behalf of the Board: Attorney Andreanna Bellach Shipman & Goodwin, LLP 300 Atlantic Avenue Stamford, CT 06901-3522
Appearing before: Robert L. Skelley, Esq. Hearing Officer
ISSUES:
1. Was the determination by the Darien Board of Education (“Board”) that the behaviors of the Student that prompted a decision by the Board to expel the Student, and subsequently found to not be a manifestation of the Student’s disability, a correct decision?
2. Did the Board deny the Student a free and appropriate public education (“FAPE”) by failing to identify the Student as eligible for Special Education and by failing to provide procedural safeguards in relation to the manifestation determination hearing?
PROCEDURAL HISTORY:
The expedited complaint was filed on behalf of the Parents and the Student on March 17, 2014. A prehearing conference was held on April 1, 2014 to establish a date for the expedited due process hearing. The hearing was set for April 9, 2014. On April 4, 2014, the Parents, through Counsel, withdrew the complaint with prejudice. The withdrawal was made in writing, via email from counsel.
FINAL DECISION AND ORDER:
On April 4, 2014, the Parents, through counsel, withdrew the request for an expedited due process hearing, with prejudice. The withdrawal was in writing, via email from counsel for the Parents. With no further issues to be decided, this matter is DISMISSED with prejudice.