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Special Education Law
DECISIONDismissedCT SDE Case No. 15-0270

Trumbull Board of Education v. Student

STATE OF CONNECTICUT

DEPARTMENT OF EDUCATION

Trumbull Board of Education v. Student - CT SDE Case No. 15-0270

Case No. 15-0270

Trumbull Board of Education v. Student

Appearing on behalf of the Student: Attorey Elizabeth Moyse The Law Offices of Jennifer Laviano, LLC 76 Route 37 South Sherman, CT 06784

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

Appearing before: Attorney Brette H. Fitton Hearing Officer

ISSUE:

Was the District’s psychological evaluation appropriate, thereby relieving the Board of the obligation to pay for the Independent Educational Evaluation requested by the Parents on December 1, 2014?

PROCEDURAL HISTORY AND SUMMARY:

On December 8, 2014, Parent’s attorney received a request for Special Education Due Process Hearing. During the prehearing conference held on January 2, 2015, hearing dates were set and the deadline for the mailing of the Final Decision and Order was established as January 22, 2015. During the prehearing conference held on January 2, 2015, Attorney for the Board requested an j extension of the mailing deadline to accommodate the hearing schedule, and Attorney for the Student indicated she had no objection. After a consideration of all the relevant factors, the q request for an extension was granted. The revised deadline for the mailing of the Final Decision and Order was established as Friday, February 20, 2015. On January 22, 2015, in advance of the first scheduled hearing date of January 29, 2015, the Board withdrew its request for a hearing.

FINAL DECISION AND ORDER:

In light of the above facts, the case is dismissed.