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Special Education Law
DECISIONDismissedCT SDE Case No. 17-0281

Student v. Greenwich Board of Education

STATE OF CONNECTICUT

DEPARTMENT OF EDUCATION

Student v. Greenwich Board of Education - CT SDE Case No. 17-0281

Case No. 17-0281

Student v. Greenwich Board of Education

Appearing on behalf of the Parents: Attorney Meredith Braxton Meredith Braxton, Esq., LLC 280 Railroad Avenue, Suite 205 Greenwich, CT 06830

Appearing on behalf of the Board: Attorney Melika S. Forbes Shipman & Goodwin, LLPC 300 Atlantic Avenue, 3rd Floor Stamford, CT 06901

Appearing before: Justino Rosado, Esq. Hearing Officer

ISSUES:

1. Is the Student eligible to receive special education and related services as defined in the Individuals with Disabilities Education Improvement Act (IDEA)? If so;

2. Is the Student entitled to Compensatory Education for the denial of FAPE?

SUMMARY AND PROCEDURAL HISTORY:

The Student has been identified as Other Health Impaired-ADHD and is entitled to receive FAPE as defined in the Individuals with Disabilities Education Improvement Act (IDEA) 20 U.S.C. §1401 et seq. and Connecticut General Statute §10-76a et seq. At a planning and placement team (PPT) meeting, the Parents disagreed with the Board decision to exit the Student from special education and related services and requested that the Student not be exited. The Board refused the Parents’ request; the Parents filed for due process and invoked stay-put. On December 22, 2016, the Board received notice of the Parents’ request for due process. An impartial hearing officer was appointed on December 23, 2016 and a pre-hearing conference was held on January 24 and 30, 2017. The parties chose April 4 as the hearing date and the parties agreed to a resolution meeting which was held on January 10, 2017.

In an electronic transmission, the Parents’ attorney advised the hearing officer that the matter had been resolved but needed additional time to ratify the agreement. The parties requested cancellation of the hearing date; the hearing date was cancelled. In an electronic transmission, the Parents’ attorney informed the hearing officer that an agreement had been ratified and withdrew the matter with prejudice. The mailing of the Final Decision and Order was extended to July 5, 2017 to accommodate the hearing date.

FINAL DECISION AND ORDER:

THE MATTER IS DISMISSED WITH PREJUDICE.