STATE OF CONNECTICUT
DEPARTMENT OF EDUCATION
Student v. Stamford Board of Education - CT SDE Case No. 18-0194
Case No. 18-0194
Student v .Stamford Board of Education
Appearing on behalf of the Parents: Attorney Courtney Spencer Law offices of Courtney Spencer, LLC 100 Riverview Center, Ste. 120 Middletown, CT 06457
Appearing on behalf of the Board: Attorney Marsha Moses Berchem, Moses & Devlin, PC 75 Broad Street Milford, CT 06460
Appearing before: Justino Rosado, Esq. Hearing Officer
ISSUES:
1. Did the District violate “child find” by not identifying the Student as requiring special education and related services as defined in the Individuals with Disabilities Education Improvement Act (IDEA) in a timely manner? If so;
2. Was the program offered by the District from April 18, 2017 to the end of the 2017-2018 school year appropriate and provide a free and appropriate public education (FAPE) in the least restrictive environment (LRE)? If not;
3. Does the unilateral placement of the Student at Wellspring provide a meaningful education?
4. Is the Student entitled to compensatory education for the denial of FAPE?
SUMMARY AND PROCEDURAL HISTORY:
The Student has been identified with Emotional Disturbance and is entitled to receive FAPE as defined in the Individuals With Disabilities Improvement Act (IDEA) 20 U.S.C. §1401 et seq. and Connecticut General Statute §10-76a et seq.
The Parents alleged that the District did not identify the Student as requiring special education and related services in a timely manner. The District did not agree. The Parents filed for due process.
On December 22, 2017, the Board received notice of the Parents request for due process. The parties agreed to mediation. The mediation date was March 7, 2018.
An impartial hearing officer was appointed on December 22, 2017 and a pre-hearing conference was held on January 10, 2018.
In an electronic transmission, the Parents informed the hearing officer that the parties resolved the matter and needed to memorialize the agreement. The Parents’ attorney requested a withdrawal of the matter without prejudice. The District did not disagree with the request.
The date for the mailing of the Final Decision and Order was extended to accommodate the mediation. The date for mailing the Final Decision and Order is June 7, 2018.
FINAL DECISION AND ORDER:
THE MATTER IS DISMISSED WITHOUT PREJUDICE.