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Special Education Law
DECISIONDismissedCT SDE Case No. 18-0184

Student v. Westport Board of Education

STATE OF CONNECTICUT

DEPARTMENT OF EDUCATION

Student v. Westport Board of Education - CT SDE Case No. 18-0184

Case No. 18-0184

Student v. Westport Board of Education

Appearing on behalf of the Parent: Lawrence Berliner, Esq. Law Office of Lawrence Berliner,

LLC

1720 Post Road East, #214-E Westport, CT 06880

Appearing on behalf of the Board: Marsha Moses, Esq. Berchem, Moses & Devlin, PC 75 Broad Street Milford, CT 06460

Appearing before: Patrick L. Kennedy, Esq. Hearing Officer

ISSUES:

1. Was the student denied FAPE for the 2015-16 school year?

2. Was the student denied FAPE for the 2016-17 school year?

3. Was the student denied FAPE for the 2017-18 school year?

4. If the board has denied FAPE, is the CIP transition program in Lee an appropriate one for the student?

5. Depending on the answers to the foregoing, should the board provide reimbursement for tuition and other costs incurred as a result of the placement at

CIP?

6. Should the student be provided with compensatory education?

7. Should the Board be required to provide the student with an independent evaluation of transition needs?

SUMMARY AND PROCEDURAL HISTORY:

Case 18-0184 was commenced by the parents by request received by the Board on October 31, 2017. A prehearing conference was held on November 15, 2017. At the prehearing conference, hearing dates were set for January 3, 2018 and January 11, 2018 and the decision date was determined to be January 12, 2018. The scheduled hearing dates were subsequently cancelled and the decision date extended to February 13, 2018.

On January 24, 2018, the undersigned hearing officer was advised by the attorney for the parents that the parties had reached a settlement in the case and the matter should therefore by dismissed with prejudice.

FINAL DECISION AND ORDER:

The matter is dismissed with prejudice.