STATE OF CONNECTICUT
DEPARTMENT OF EDUCATION
Student v. Darien Board of Education - CT SDE Case No. 16-0173
Case No. 16-0173
. Student v. Darien Board of Education
Appearing on behalf of the Student: Attorney Piper Paul Goldman, Gruder & Woods, LLC 200 Connecticut Avenue Norwalk, CT 06854
Appearing on behalf of the Board: Attorney Christopher Tracey Shipman & Goodwin, LLP 300 Atlantic Street Stamford, CT 06901
Appearing before: Attorney Brette H. Fitton Hearing Officer
FINAL DECISION AND ORDER
ISSUES:
1. Did the District err when it exited student from Special Education in September of 2013?
2. Did the District fail to properly evaluate the Student in all areas of suspected disability?
3. Did the District fail to offer Student a program that would have provided Student with a Free Appropriate Public Education (“FAPE”) for the 2013-2014 school year?
4. Did the District fail to offer Student a program that would have provided Student with a FAPE for the Extended School Year (“ESY”) occurring in the summer of 2014?
5. Did the District fail to offer Student a program that would have provided Student with a FAPE for the 2014-2015 school year?
6. Did the District fail to offer Student a program that would have provided Student with a FAPE for the ESY occurring in the summer of 2015?
7. Did the District fail to offer an appropriate program for Student for the 2015-2016 school year?
8. If the District failed to offer Student an appropriate program for the 2015-2016 school year, does The Windward School provide Student with an appropriate program?
9. If the District has committed procedural and/or substantive violations of the Individuals with Disabilities Education Act, are the Parents entitled to reimbursement from the District for the costs of private evaluations, therapies and transportation to and from The Windward School?
PROCEDURAL HISTORY AND SUMMARY:
September 28, 2015, the Board received a Special Education Due Process Hearing Request (“Request”) filed by Attorney for the Parents. The Hearing Officer was appointed on September 29, 2015. During the prehearing conference held on October 15, 2015, December 3, 2015, :
December 10, 2015 and December 21, 2015 were set as hearing dates and the deadline for mailing the Final Decision and Order was established as December 11, 2015. On November 15, 2015, Attorney for the Parents sent an email in which she indicated that the Request was being withdrawn. In a subsequent email sent on November 16, 2015, Attorney for Parents indicated that the Request was being withdrawn with prejudice.
FINAL DECISION AND ORDER:
In light of the above facts, the case is dismissed.