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Special Education Law
DECISIONDismissedCT SDE Case No. 18-0039

Student v. New Fairfield Board of Education

STATE OF CONNECTICUT

DEPARTMENT OF EDUCATION

Student v. New Fairfield Board of Education - CT SDE Case No. 18-0039

Case No. 18-0039

Student and New Fairfield Board of Education

Appearing on behalf of the Student: Attorney Lawrence W. Berliner Law Offices of Lawrence W. Berliner LLC 1720 Post Road East, Suite 214E Westport, CT 06880

Appearing on behalf of the Board of Education: Attorney Rebecca Santiago Shipman & Goodwin LLP One Constitution Plaza Hartford, CT 06103-1919

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 2015-2016, 2016-2017 and 2017-2018 School Years, including extended school years?

2. If not, is the Speech Academy appropriate for the Student?

3. If so, should the Student be placed at the Speech Academy and/or reimbursed for the expense of placement at the Speech Academy?

4. If the Board of Education did not offer the Student a Free Appropriate Public Education, should the Student be provided compensatory education services?

PROCEDURAL HISTORY:

The Student initiated this special education due process case on July 28, 2017. This Impartial Hearing Officer was assigned to the case on July 28, 2017. A Prehearing Conference was convened on August 8, 2017. Attorney Lawrence Berliner appeared on behalf of the Student and Attorney Rebecca Santiago appeared on behalf of the Board of Education. It was established that the deadline for filing the final decision in this case is October 11, 2017. An evidentiary hearing was scheduled for September 26, 2017.

On September 11, 2017, the Student requested that the matter be withdrawn or dismissed without prejudice.

FINAL DECISION AND ORDER:

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