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Special Education Law
DECISIONDismissedCT SDE Case No. 19-0226

Student v. Greenwich Board of Education

STATE OF CONNECTICUT

DEPARTMENT OF EDUCATION

Student v. Greenwich Board of Education - CT SDE Case No. 19-0226

Case No. 19-0226

Student v. Greenwich Board of Education

Appearing on behalf of the Parent: Attorney Gerry McMahon The Law Office of Gerry McMahon 98 Mill Plain Road, Suite 3B Danbury, CT 06811

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

Appearing before: Jane Ford Shaw, Esq. Hearing Officer

ISSUES:

1. Did the Board violate the Student’s rights under the Individuals with Disabilities Education Act (“IDEA”) by failing to provide Student a free appropriate public education (“FAPE”) either procedurally or substantively, for the 2016-17, 2017-18 and 2018-19 school years, including ESY?

2. If the Board did not offer Student FAPE for 2018-19 school year, is Milestones, the appropriate program?

3. If the Board did not offer Student FAPE for 2018-19 school year should Student be reimbursed for the tuition and related expenses of Milestones?

4. Is Student entitled to compensatory damages?

PROCEDURAL HISTORY/SUMMARY:

The Parents filed the Due Process Hearing Complaint on October 29, 2018. The Hearing Officer was appointed on November 6, 2018. The Parents withdrew their complaint with prejudice on March 18, 2019.

FINAL DECISION AND ORDER:

The matter is DISMISSED with prejudice.