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Special Education Law
DECISIONDismissedCT SDE Case No. 19-0048

Student v. Wilton Board of Education

STATE OF CONNECTICUT

DEPARTMENT OF EDUCATION

Student v. Wilton Board of Education - CT SDE Case No. 19-0048

Case No. 19-0048

Student v. Wilton Board of Education

Appearing on behalf of the Parent: Danielle McGee, Esq. Gerry McMahon, Esq. The Law Offices of Gerry McMahon, LLC 98 Mill Plain Road, #3B Danbury, CT 06811

Appearing on behalf of the Board: Andreana Bellach, Esq. Christopher Tracey, Esq. Shipman & Goodwin, LLP 300 Atlantic Street Stamford, CT 06901

Appearing before: Patrick L. Kennedy, Esq. Hearing Officer

ISSUES:

1. Did the District deny FAPE to the Student for the 2017-18 school year through April 4, 2018 in failing to offer an appropriate individual educational plan, program or placement?

2. Did the District deny FAPE to the Student for the 2017-18 school year for the period of April 5, 2018 through April 30, 2018 in failing to provide a copy of the IEP to the Parents or failing to pay for the Student’s tuition during that period?

3. If violations are found, should the District be required to reimburse the Parents for tuition and related expenses for the placement of the Student at Westport Day School for all or part of the 2017-18 school year up to April 30, 2018?

SUMMARY AND PROCEDURAL HISTORY:

Case 19-0048 was commenced by the Parents by request received by the Board on July 23, 2018. A prehearing conference was held on July 31, 2018. At the prehearing conference, a hearing date was set for September 18, 2018 and the decision date was determined to be October 5, 2018.

On August 24, 2018, the undersigned hearing officer was advised by the attorney for the Parents that the parties had reached a settlement in the case and the matter should therefore be dismissed with prejudice.

FINAL DECISION AND ORDER:

The matter is dismissed with prejudice.