STATE OF CONNECTICUT
DEPARTMENT OF EDUCATION
Connecticut SDE Decision 18-0256
Case No. 18-0256
Appearing for the Parents: Attorney Phillip Cohn Cohn & Paul, PLLC 200 Connecticut Avenue, Suite 2F Norwalk, CT 06854
Appearing on behalf of the Board: Attorney Christine Sullivan Berchem, Moses & Devlin, P.C. 75 Broad Street Milford, CT 06460
Appearing before: Kelly Moyher, Esq. Hearing Officer
ISSUES:
1. The District should reimburse for tuition at Kolob Canyon from November 1, 2017, through the end of the 2017-2018 school year, including the extended school year, as well as for the applicable 2018-2019 school year time period, and related travel expenses and appropriate costs
2. The District should reimburse the Parents for all education costs incurred due to the District’s denial of FAPE for all relevant periods, including but not limited to: the cost of the private psychiatric evaluation by Cornelia Gallo, M.D., the cost of an educational consultant, the cost for therapies, not covered by insurance and the cost of travel for the Student and the Parents to and from Kolob Canyon.
3. The Parents are entitled to attorneys’ fees and any other relief the Hearing Officer deems appropriate.
PROCEDURAL HISTORY/SUMMARY:
The Parents filed the Due Process Complaint and Request for Hearing on March 5, 2018. The Hearing Officer was appointed on March 5, 2018. A Prehearing Conference was scheduled for March 13th. Hearing dates were agreed upon for May so that settlement attempts could proceed. The parties reached an agreement in principle March 15, 2018. The initial May hearing dates were cancelled as the parties worked to reduce the agreement to writing, and a second prehearing conference was scheduled for May 8, 2018 in the event the settlement fell through. The Hearing Officer was notified on May 7, 2018 that the agreement had been finalized and executed and the parents were withdrawing their due process complaint.
FINAL DECISION AND ORDER:
The matter is DISMISSED with prejudice.