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Special Education Law
DECISIONDismissedCT SDE Case No. 18-0344

Student v. Westport Board of Education

STATE OF CONNECTICUT

DEPARTMENT OF EDUCATION

Student v. Westport Board of Education - CT SDE Case No. 18-0344

Case No. 18-0344

Student v. Westport Board of Education

Appearing on behalf of the Parent: Attorney Lawrence Berliner Law Office of Lawrence Berliner, LLC 1720 Post Road, Suite 214 E Westport, CT 06880

Appearing on behalf of the Board: Attorney Christine Sullivan Berchem Moses, P.C. 75 Broad Street Milford, CT 06460

Appearing before: Jane Ford Shaw, Esq. Hearing Officer

ISSUES:

1. Did the Board deny Student a free appropriate public education (“FAPE”) for the 2015- 2016 school year, commencing in March 2016, including ESY?

2. Did the Board deny Student FAPE for the 2016-17, 2017-18 school years, including ESY?

3. If the Board did not provide the Student FAPE for 2015-16 school year, commencing March 016, including ESY, is Easton Country Day School an appropriate program?

4. If the Board did not provide and/or offer FAPE for 2016-2017, 2017-2018 school years, including ESY, is Easton Country Day School an appropriate program?

5. If the Board did not provide and/or offer Student FAPE for the 2015-2016 school year, commencing in March 2016, including ESY, should the Student be reimbursed for the tuition and related expenses of Easton County Day School?

6. If the Board did not offer and/or provide the Student FAPE for the 2016-17, 2017-18 school years, including ESY, should the Student be reimbursed for the tuition and related expenses of Easton Country Day School?

7. Is compensatory education an appropriate remedy?

PROCEDURAL HISTORY/SUMMARY:

The Parents filed the Due Process Hearing Complaint on March 1, 2018. The Hearing Officer was appointed on March 1, 2018. The Parents withdrew their complaint with prejudice on May 21, 2018.

FINAL DECISION AND ORDER:

The matter is DISMISSED with prejudice