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Special Education Law
DECISIONDismissedCT SDE Case No. 17-0540

Student v. Greenwich Board of Education

STATE OF CONNECTICUT

DEPARTMENT OF EDUCATION

Student v. Greenwich Board of Education - CT SDE Case No. 17-0540

Case No. 17-0540

Student and Greenwich Board of Education

Appearing on behalf of the Student: Attorney Tracey Spencer Walsh Spencer Walsh Law PLLC 379 West Broadway New York, NY 10012

Appearing on behalf of the Board of Education: Attorney Abby R. Wadler The Law Department Town of Greenwich 101 Field Point Road Greenwich, CT 06883

Appearing before: Attorney Ann F. Bird Hearing Officer

ISSUES:

1. Did the Board of Education offer the Student a Free Appropriate Education for the 2016- 2017 School Year?

a. If not, does the Student require a residential placement?

b. If so, is the Little Keswick School appropriate for the Student?

c. If so, should the Student be placed at the Little Keswick School and/or reimbursed for the expense of his matriculation there?

d. If so, should the Student also be reimbursed for the expense of the Student and his parents’ travel to and from Little Keswick School and/or the expense of his parents’ associated rental car and hotel expenses?

2. If the Board of Education did not offer the Student a Free Appropriate Education for the 2016-2017 School Year, is the Student entitled to compensatory education services?

PROCEDURAL HISTORY:

The Student initiated this special education due process case on June 2, 2017. This Impartial Hearing Officer was assigned to the case on June 6, 2017. A Prehearing Conference was convened on June 30, 2017. Attorney Walsh appeared on behalf of the Student and Attorney Wadler appeared on behalf of the Board of Education. It was established that the deadline for filing the final decision in this case is August 16, 2017. An evidentiary hearing was scheduled for September 6, 2017 and September 11, 2017. On August 1, 2017, the Student reported that it would like to withdraw or have the request for due process dismissed without prejudice. On August 2, 2017, the Board of Education reported that it does not object to dismissal without prejudice.

FINAL DECISION AND ORDER:

It is ordered that the Student’s request is granted and the matter is dismissed without prejudice.