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Special Education Law
DECISIONDismissedCT SDE Case No. 18-0378

Student v. Trumbull Board of Education

STATE OF CONNECTICUT

DEPARTMENT OF EDUCATION

Student v. Trumbull Board of Education - CT SDE Case No. 18-0378

Case No. 18-0378

Student v. Trumbull Board of Education

Appearing on behalf of the Parents: Attorney Piper Paul Cohn & Paul, PLLC 200 Connecticut Avenue, Suite 2F Norwalk, CT 06854

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

Appearing before: Raymond J. Rigat, Esq. Hearing Officer

ISSUES:

1. Whether the Student is entitled to an Independent Educational Evaluation?

2. Whether the Board failed to comply with the IDEA’s substantive and procedural requirements by exiting the Student from Special Education?

PROCEDURAL HISTORY/SUMMARY:

The Parents brought the Due Process Complaint and Hearing Request on April 3, 2018. The Hearing Officer was appointed on April 5, 2018. A Prehearing Telephone Conference took place on Conference on April 9, 2018. Following that conference, an initial hearing was scheduled for June 4, 2018.

On May 16, 2018, the Parents, in accordance with the provisions of RSA Sec. 10-76h- 9(e), requested a thirty day postponement. The Board did not object. The Hearing Officer, after finding an extension not to be detrimental to the Student, extended the mailing date to July 18, 2018. The previously scheduled hearing was cancelled, and a new hearing was scheduled for July 13, 2018. On June 21, 2018, the Parents moved to withdraw without prejudice. Their motion is granted.

FINAL DECISION AND ORDER:

The matter is DISMISSED