STATE OF CONNECTICUT
DEPARTMENT OF EDUCATION
Connecticut SDE Decision 18-0235
Case No. 18-0235
Appearing for the Parents: Attorney Jennifer Laviano The Law Offices of Jennifer Laviano, LLC 76 Route 37 South Sherman, CT 06784
Appearing on behalf of the Board: Attorney Marsha Moses Berchem, Moses & Devlin, P.C. 75 Broad Street Milford, CT 06460
Appearing before: Kelly Moyher, Esq. Hearing Officer
ISSUES:
1. The District failed to provide the Student FAPE for the 2015-2016 school year and 2016 ESY, and violated child-find obligations prior to 2015.
2. The District should reimburse the Parents for any and all costs associated with the Lindamood Bell placement for the ESY 2016 and all services provided by Lindamood Bell during the 2016-2017 school year, as well as any evaluations conducted by Lindamood Bell at Parent expense, and any and all additional costs associated with the placement and services provided to the Student in the absence of FAPE being offered by the district.
3. The Parents are entitled to compensatory education and such other further relief the Hearing Officer deems just and equitable for the violation of the IDEA and Section 504.
PROCEDURAL HISTORY/SUMMARY:
The Parents filed the Due Process Complaint and Request for Hearing on December 6, 2017. The Hearing Officer was appointed on December 8, 2017. A Prehearing Conference was scheduled for December 15, 2017. A hearing date was set for February 8, 2018. The parties requested Mediation and requested an extension to proceed to Mediation on February 13, 2018. The parties were granted several extensions to continue negotiations as there were no active issues and no harm was posed to the Student. All extensions were granted, including a two week extension granted on April 29, 2018. The Hearing Officer has not heard from the parties as of the filing of this Decision and Order.
FINAL DECISION AND ORDER:
The matter is DISMISSED with prejudice.