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Special Education Law
DECISIONDismissedCT SDE Case No. 18-0074

Student v. Fairfield Board of Education

STATE OF CONNECTICUT

DEPARTMENT OF EDUCATION

Student v. Fairfield Board of Education - CT SDE Case No. 18-0074

Case No. 18-0074

Student v. Fairfield Board of Education

Appearing on behalf of the Parents: Andrew Feinstein, Esq. Feinstein Education Law Group, LLC 86 Denison Avenue Mystic, CT 06355

Appearing on behalf of the Board: Michelle Laubin, Esq. Berchem, Moses & Devlin, P.C. 75 Broad Street Milford, CT 06460

Appearing before: Sylvia Ho, Esq. Hearing Officer

ISSUES:

1. Did the Board offer FAPE for the 2016-2017 and 2017-2018 school years?

2. If not, is Spire School an appropriate placement?

3. If so, should parents be reimbursed for their placement of Student at Spire School for the 2016-2017 and 2017-2018 school years?

4. Should the Board be required to support Student’s placement at Spire School for the 2017-2018 school year?

PROCEDURAL HISTORY/SUMMARY:

The Parents filed the Due Process Complaint and Request for Hearing on August 9, 2017. The Hearing Officer was appointed on August 10, 2017 and conducted a Prehearing Conference on August 14, 2017. The hearing was scheduled for October 4, 2017. The parties engaged in mediation and requested a postponement of the hearing and extension of timelines in order to complete the settlement agreement. The request was granted and the October 4, 2017 hearing was rescheduled to November 3, 2017. The mailing date was extended from October 22, 2017 to November 22, 2017. On November 1, 2017, the Parents withdrew the Due Process Complaint with prejudice.

FINAL DECISION AND ORDER:

The matter is DISMISSED with prejudice.