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Special Education Law
DECISIONDismissedCT SDE Case No. 15-0631

Monroe Board of Education v. Student

STATE OF CONNECTICUT

DEPARTMENT OF EDUCATION

Monroe Board of Education v. Student - CT SDE Case No. 15-0631

Case No. 15-0631

Monroe Board of Education v. Student

Appearing on behalf of the Student: Attorney Jennifer Laviano 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, P.C, 75 Broad Street Milford, CT 06460

Appearing before: Attorney Brette H. Fitton Hearing Officer

ISSUE:

Were the psychoeducational and educational evaluations conducted by District staff appropriate, thereby relieving the District of an obligation to obtain an Independent Educational Evaluation at public expense?

PROCEDURAL HISTORY AND SUMMARY:

On June 26, 2015, the Student received a Special Education Due Process Hearing Request filed by Board. The undersigned Hearing Officer was appointed on June 30, 2015. During the prehearing conference held on July 22, 2015, a hearing date of October 5, 2015 was set and the deadline for mailing the Final Decision and Order was established as August 10, 2015. During the conference, the Parties agreed to request an extension of the mailing deadline to accommodate the hearing date schedule and to allow the parties to engage in settlement negotiations. This request was granted and September 9, 2015 was established as the new mailing deadline. On September 8, 2015, the Parties agreed to request an extension of the mailing deadline to accommodate the scheduled hearing date, and after a consideration of all of the relevant factors, this request was granted and a new deadline of October 9, 2015 was established. On October 1, 2015, in response to an email from Attorney for the Parents indicating that the Parents were withdrawing their request for an Independent Educational Evaluation, the Attorney for the Board sent an email to the Hearing Officer in which she indicated that the Board was withdrawing its request for a Special Education Due Process j Hearing.

FINAL DECISION AND ORDER:

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