STATE OF CONNECTICUT
DEPARTMENT OF EDUCATION
Student v. Madison Board of Education - CT SDE Case No. 16-0535
Case No. 16-0535
Student v. Madison Board of Education
Appearing on behalf of the Student: Attorney Jonathan J. Klein 1445 Capitol Avenue Bridgeport, CT 06604-1619
Appearing on behalf of the Board of Education: Attorney Michelle Laubin Berchem, Moses & Devlin, PC 75 Broad Street Milford, CT 06460
Appearing before: Attorney Ann F. Bird Hearing Officer Revised October 19, 2016
ISSUES:
1. Did the Board of Education offer the Student a free appropriate public education from May 16, 2014 through May 16, 2016?
2. If the Board of Education did not offer the Student a free appropriate public education from May 16, 2014 through May 16, 2016, is the Student entitled to compensatory education services for this period of time?
3. Is the Student entitled to reimbursement for the expense of the evaluation conducted by Dr. Seese?
4. Did the Board of Education offer the Student a free appropriate public education after / May 16, 2016, including the 2016 Extended School Year and the 2016/2017 School ° ; Year? ;
5. If the Board of Education did not offer the Student a free appropriate public education after May 16, 2016, including the 2016 Extended School Year and the 2016/2017 School Year, is the Student entitled to compensatory education services?
6. If the Board of Education did not offer the Student a free appropriate public education after May 16, 2016, including the 2016 Extended School Year and the 2016/2017 School Year, is the unilateral placement appropriate?
7. If the Board of Education did not offer the Student a free appropriate public education after May 16, 2016, including the 2016 Extended School Year and the 2016/2017 I School Year, and the unilateral placement is appropriate, is the Student entitled to reimbursement for the expense of the unilateral placement?
8. If the Board of Education did not offer the Student a free appropriate public education after May 16, 2016, including the 2016 Extended School Year and the 2016/2017 School Year, and the unilateral placement is appropriate, is the Student entitled to placement at the unilateral placement?
9. If the Board of Education did not offer the Student a free appropriate public education after May 16, 2016, including the 2016 Extended School Year and the 2016/2017 School Year, is the Student entitled to compensatory education services?
PROCEDURAL HISTORY:
The Student requested a special education due process hearing in the above-captioned matter on May 16, 2016. This Impartial Hearing Officer was appointed to hear the case on May 18, 2016. A telephonic pre-hearing conference was convened on June 29, 2016. Attorney Andrew Feinstein appeared on behalf of the Student and Attorney Michelle Laubin appeared on behalf of the Board of Education. It was established that the deadline for filing the final decision in the case is July 29, 2016, An evidentiary hearing was scheduled for August 12, 2016 and then changed to August 9, 2016. On June 29, 2016, the Student submitted a written request for a thirty-day postponement and extension of the timelines to conduct the hearing and to file the final decision. The purpose of the requested postponement and extension was to allow the parties time to participate in mediation. Counsel for the Board agreed to the requested postponement and it was granted. The scheduled hearing date was also cancelled, On August 18, 2016, the Board of Education reported that the parties had reached a tentative agreement and that the Board received a draft settlement agreement from the Student. The Board reported that it required a few days to review the draft and to finalize the settlement. The Board also requested a thirty-day postponement and extension of the timelines to conduct the hearing and to file the final decision in the case to allow time to finalize the settlement. The Student did not oppose the request and it was granted. On September 19, 2016, the Board of Education reported that the parties were still in the process of negotiating a final agreement, and requested that a new hearing date be scheduled. A second On September 21, 2016, the Student requested a further postponement and extension of the timelines to conduct the hearing and to file the final decision in the case until October 10, 2016 to allow time to finalize the settlement. The Board of Education did not object to the request and the request was granted. On October 7, 2016, Attorney Klein appeared on behalf of the Student. On October 7, the Student reported that the settlement had been finalized and requested that the matter be withdrawn or dismissed with prejudice.
FINAL DECISION AND ORDER:
It is ordered that the Student’s request is granted and the matter is dismissed with prejudice.