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Special Education Law
DECISIONDismissedCT SDE Case No. 18-0522

Connecticut SDE Decision

August 6, 2018·Kelly Moyher

STATE OF CONNECTICUT

DEPARTMENT OF EDUCATION

Connecticut SDE Decision 18-0522

Case No. 18-0522

Appearing for the Parents: Attorney Lawrence Berliner Law Office of Lawrence Berliner 1720 Post Road East, Suite 214-E Westport, CT 06680

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

Attorney Christine Sullivan Berchem, Moses & Devlin, P.C. 75 Broad Street Milford, CT 06460

Appearing before: Kelly Moyher, Esq. Hearing Officer

ISSUES:

1. Did Stamford Public Schools offer the Student an IEP at the May 3, 2018 PPT that would provide the Student with FAPE for the 2018-2019 school year?

2. If FAPE was not offered, is placement at the Winston Preparatory School an appropriate placement for the Student for the 2018-2019 school year and is Stamford Public School responsible for all costs associated with this placement?

3. Is the Student entitled to compensatory education?

PROCEDURAL HISTORY/SUMMARY:

The Parents filed the Due Process Complaint and Request for Hearing on June 26, 2018. The Hearing Officer was appointed on July 2, 2018. A Prehearing Conference was scheduled for July 10, 2018. The parties agreed on a hearing date of August 22, 2018, but the Notice of Hearing was held off to give the parties time for negotiations. The Hearing Officer was notified by the attorney for the parents via email on August 1, 2018 that a settlement had been reached and the parents were withdrawing their request for a Due Process Hearing.

FINAL DECISION AND ORDER:

The matter is DISMISSED with prejudice.