STATE OF CONNECTICUT
DEPARTMENT OF EDUCATION
Student v. Darien Board of Education - CT SDE Case No. 16-0175
Case No. 16-0175
Student v. Darien Board of Education
Appearing on behalf of the Parents: Attorney Melanie Dunn Feinstein Education Law Group, LLC 86 Denison Avenue Mystic, CT 06355
Appearing on behalf of the Board: Attorney Andreanna Bellach Shipman & Goodwin, LLP 300 Atlantic Street Stamford, CT 06901
Appearing before: Attorney Brette H. Fitton Hearing Officer
FINAL DECISION AND ORDER :
ISSUES:
1. Was the District’s proposed program for the 2015-2016 school year designed to provide Student with a Free Appropriate Public Education (FAPE)?
2. If the District’s proposed program for the 2015-2016 year was not designed to provide Student with a FAPE, does Eagle Hill - Southport provide Student with an appropriate program, thereby entitling Parents to reimbursement for costs resulting from their unilateral placement of Student at that school?
3. Are Parents entitled to reimbursement of the reevaluation conducted at Parent’s request to update a prior Neuropsychological Evaluation?
PROCEDURAL HISTORY AND SUMMARY:
On October 1, 2015, the Board received a Special Education Due Process Hearing Request filed by Student and the Hearing Officer was appointed by the Connecticut State Department of Education on October 6, 2015, During the prehearing conference held on November 9, 2015, a hearing date of January 25, 2016 was set and the deadline for mailing the Final Decision and Order was established as December; 15, 2015. The parties further indicated that they had agreed to engage in mediation with a scheduled mediation date of December 21, 2015. A joint request for extension of the mailing deadline was made F during the prehearing conference in order to allow the parties to engage in mediation. This request was granted and resulted in a new mailing deadline of January 14, 2016. On December 29, 2015, Attorney for the Student requested an extension of the mailing deadline to accommodate the agreed upon hearing q date schedule. There was no objection from the Board to this request. The request was granted and a new mailing deadline of February 12, 2016 was established. On January 22, 2016, Attorney for the ' Student sent an email to the Hearing Officer indicating that the Parents were withdrawing their hearing q request without prejudice. ;
FINAL DECISION AND ORDER:
In light of the above facts, the case is dismissed. ’