STATE OF CONNECTICUT
DEPARTMENT OF EDUCATION
Student v. Stamford Board of Education - CT SDE Case No. 19-0227
Case No. 19-0227
Student v. Stamford Board of Education
Appearing on behalf of the Parents: Jennifer Laviano, Esq. Law Offices of Jennifer Laviano, LLC 76 Route 37 South Sherman, CT 06784
Appearing on behalf of the Board: Marsha Moses, Esq. Berchem and Moses, P.C 75 Broad Street Milford, CT 06460
Appearing before: Sylvia Ho, Esq. Hearing Officer
ISSUES:
1. Did the Board provide Student with FAPE under the IDEA for the two years prior to the filing of the Due Process Complaint?
2. Did the Board offer FAPE for the 2018-2019 school year?
3. If the answer to either #1 or #2 above are in the negative, is Eagle Hill school in Greenwich appropriate?
4. If so, should Parents be reimbursed for payment for tuition and education related expenses at Eagle Hill?
PROCEDURAL HISTORY/SUMMARY:
The Parents filed the Due Process Complaint and Request for Hearing on November 5, 2018. The Hearing Officer was appointed on November 6, 2018 and conducted a Prehearing Conference on December 5, 2018. The hearing was scheduled for February 11, 2019. The Hearing Officer granted the Parents’ request to extend the mailing date of the Final Decision to February 15, 2019 so that the parties could engage in mediation. On February 11, 2019, the hearing commenced but Parents’ counsel was not present. At the request of the Hearing Officer, Board counsel contacted the Parents’ counsel’s office. Shortly thereafter, the Hearing Officer received an email from Parents’ counsel stating that the Parents’ wished to withdraw the matter with prejudice.
FINAL DECISION AND ORDER:
The matter is DISMISSED with prejudice.