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Special Education Law
DECISIONDismissedCT SDE Case No. 16-0132

Student v. Stamford Board of Education

STATE OF CONNECTICUT

DEPARTMENT OF EDUCATION

Student v. Stamford Board of Education - CT SDE Case No. 16-0132

Case No. 16-0132

Student and Stamford Board of Education

Appearing on behalf of the Student: Attorney Gerry McMahon The Law Offices of Gerry McMahon LLC 98 Mill Plain Road, Ste 3B Danbury, CT 06811

Appearing on behalf of the Board of Education: Attorney Christopher Tracey Shipman & Goodwin LLP 200 Atlantic Street Stamford, CT 06901

Appearing before: Attorney Ann F. Bird Hearing Officer

ISSUES:

1. Did the Board of Education provide a free appropriate public education for the Student for the 2013-2014 School Year, from September 4, 2013 forward, the 2014-15 School Year including extended school year, and/or the 2015-2016 School Year including extended school year?

2. If not, is the Student entitled to compensatory education in the form of placement in an appropriate private program for the 2015-16 School Year and future school years?

3. If not, is the Student entitled to placement in an appropriate private program for the 2015-16 School Year and future school years?

PROCEDURAL HISTORY:

The Student requested this special education due process hearing on September 4, 2015. This Impartial Hearing Officer was appointed to hear the case on September 8, 2016. A Pre-Hearing Conference was conducted on September 22, 2015. Attorney Gerry McMahon appeared on behalf of the Student and Attorney Christopher Tracey appeared on behalf of the Board of Education. The deadline for issuing the final decision was established to be November 18, 2015, and an evidentiary hearing was scheduled for November 13, 2015.

On October 27, 2015, the parties jointly reported that they had reached a possible agreement for settlement of the matter, but required additional time to explore this option. The parties jointly requested a thirty-day postponement and extension of the timelines to conduct the hearing and to file the final decision in this case to December 18, 2015. The parties also requested that the hearing scheduled for November 13, 2015 be rescheduled to December 17, 2015. Both requests were granted. On December 11, 2015, the Student reported that the parties had reached a settlement and requested that the matter be dismissed without prejudice.

FINAL DECISION AND ORDER:

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