STATE OF CONNECTICUT
DEPARTMENT OF EDUCATION
Student v. Greenwich Board of Education - CT SDE Case No. 17-0335
Case No. 17-0335
Student and Greenwich Board of Education
Appearing on behalf of the Student: Attorney Meredith Braxton Meredith C. Braxton, LLC 280 Railroad Avenue, Suite 205 Greenwich, CT 06830
Appearing on behalf of the Board of Education: Attorney Andreana R. Bellach Shipman & Goodwin LLC 300 Atlantic Street, 3rd Floor Stamford, CT 06901
Appearing before: Attorney Ann F. Bird Hearing Officer
ISSUES:
1. Did the Board of Education deny the Student a Free Appropriate Public Education by providing inadequate Occupational Therapy and/or Physical Therapy and/or Transition Services from February 3, 2015 to the present, including Extended School Year periods?
2. Did the Board of Education commit procedural violations during that time that deprived the Student of educational opportunity?
3. If so, as to Nos 1 and/or 2 above, 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 February 3, 2017. This Impartial Hearing Officer was appointed to hear the case on February 8, 2017. A telephonic pre-hearing conference was convened on February 21, 2017. Attorney Meredith Baxter appeared on behalf of the Student and Attorney Abbey Wadler appeared on behalf of the Board of Education. The deadline for issuing the Final Decision and Order was established to be April 19, 2017. Evidentiary hearings were scheduled for April 21, 2017 and April 25, 2017.
On April 17, 2017, Attorney Andreana R. Bellach appeared on behalf of the Board of Education. Counsel for both the Student and the Board of Education requested that the scheduled hearing dates be postponed. The request to reschedule the hearings was granted and a new hearing date was scheduled for May 5, 2017.
On April 18, 2017, Counsel for 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 to May 19, 2017. The purpose of the requested postponement and extension was to allow the Board’s counsel time to prepare for the hearing and it was granted.
On April 26, 2017, Counsel for the Student reported that the parties had reached a settlement of the matter and requested that the May 5, 2017 hearing be cancelled. The Board of Education did not object and the hearing was cancelled.
On May 17, 2017 Counsel for On April 18, 2017, Counsel for 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 in this case to June 16, 2017. The purpose of the requested postponement and extension was to allow the parties time to finalize and execute their settlement agreement and it was granted.
On June 2, 2017, the Student reported that the parties executed their agreement for settlement 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.