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Special Education Law
DECISIONDismissedCT SDE Case No. 18-0396

Student v. Stratford Board of Education

STATE OF CONNECTICUT

DEPARTMENT OF EDUCATION

Student v. Stratford Board of Education - CT SDE Case No. 18-0396

Case No. 18-0396

Student v. Stratford Board of Education

Appearing on behalf of the Student: Attorney Robin Keller Law Office of Robin O. Keller, LLC 48 Calf Pasture Beach Road Norwalk, CT 06855

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

Appearing before: Attorney Brette H. Fitton Hearing Officer

ISSUE: Did the District err when it determined that Student’s conduct was not a manifestation of his disability?

PROCEDURAL HISTORY AND SUMMARY: On April 13, 2018, the Board received a request for an expedited special education due process hearing filed by Parent. A prehearing conference was held on April 26, 2018 and through subsequent correspondence with Counsel, a hearing date of May 10, 2018 was set and May 24, 2018 was established as the deadline for the mailing of the final decision and order. Attorney for the Parent requested a postponement of the hearing date on May 9, 2018 at 5:30 p.m. indicating that the matter had settled. Parent’s request was deemed untimely and denied. On May 10 2018, the hearing was opened and the Attorney for the Board and the Director of Pupil Services for the Stratford Board of Education appeared. Neither the Attorney for the Parent, nor the Parent appeared. The Attorney for the Board stated on the record that the matter had settled and that the Attorney for the Parent had indicated she had an emergency court hearing to attend and that she had requested that the Attorney for the Board represent that the request for a hearing was being withdrawn by Parent with prejudice.

FINAL DECISION AND ORDER: In light of the above facts, the case is dismissed.