STATE OF CONNECTICUT
DEPARTMENT OF EDUCATION
Student v. Westport Board of Education - CT SDE Case No. 17-0191
Case No. 17-0191
Student and Westport Board of Education
Appearing on behalf of the Student: Attorney Meredith Braxton Meredith C. Braxton Esq LLC 280 Railroad Avenue, Ste 205 Greenwich, CT 06830
Appearing on behalf of the Board of Education: Attorney Marsha Moses Berchem, Moses & Devlin, P.C. 75 Broad Street Milford, CT 06460
Appearing before: Attorney Ann F. Bird Hearing Officer
ISSUES:
1. Did the Board of Education offer the Student a free appropriate public education for the 2016/2017 School Year?
a. If not, does the Student require a residential placement?
b. If so, is the Eagie Hill residential program appropriate for the Student?
c. If so, is the Student entitled to placement in, or reimbursement for, the Eagle Hill residential program?
2. If the Board of Education did not offer the Student a free appropriate public education for the 2016/2017 School Year and the Student does not require a residential placement, is the Eagle Hill day program appropriate for the Student?
a. If so, is the Student entitled to placement in, or reimbursement for, the Eagle Hill day program?
PROCEDURAL HISTORY:
The Student requested a special education due process hearing in the above-captioned matter on October 21, 2016. The Impartial Hearing Officer was appointed to hear the case on October 24, 2016. A telephonic pre-hearing conference was convened on November 11, 2016. Attorney Meredith Braxton appeared on behalf of the Student and Attorney Marsha Moses appeared on behalf of the Board of Education.
Evidentiary hearings were scheduled for January 5, 2017, January 19, 2017, January 23, 2017 and January 26, 2017. The deadline for completing the hearings and issuing the Final Decision and Order is January 4, 2017. On December 27, 2016, the Student notified the Hearing Officer that the case was settled at mediation and requested that the matter be withdrawn or dismissed with prejudice.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.