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Special Education Law
DECISIONDismissedCT SDE Case No. 19-0248

Student v. Stamford Board of Education

STATE OF CONNECTICUT

DEPARTMENT OF EDUCATION

Student v. Stamford Board of Education - CT SDE Case No. 19-0248

Case No. 19-0248

STATE OF CONNECTUCUT

Student v. Stamford Board of Education

Appearing on behalf of the Parent: Attorney Phillip Cohn Goldman Gruder & Woods, LLC 200 Connecticut Avenue Norwalk, CT 06854

Appearing on behalf of the Board of Education: 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 fail to meet its obligations under Child Find pursuant to 20 U.S.C. §1412(a)(3) and R.S.C.A. §10-76d-7 and as a result violate the Student’s rights under the Individuals with Disabilities Education Act (“IDEA”) by failing to offer Student a free appropriate public education (“FAPE”) for the 2016-17, 2017-18 and 2018-19 school years?

2. If the Board did not meet its obligations under Child Find, and therefore, failed to offer Student FAPE, is Aspiro the appropriate program?

3. If the Board did not meet its obligations under Child Find, and therefore, failed to offer Student FAPE, is Telos Academy the appropriate program?

4. If Aspiro is an appropriate program, should Student be reimbursed for the cost of the Aspiro program?

5. If Telos is an appropriate program, should the Student be reimbursed for the cost of the Telos program?

6. Are the Parents entitled to reimbursement for the related educational expenses of transportation, private educational consultant services, and private therapy not otherwise covered by insurance?

7. Is the Student entitled to compensatory education?

PROCEDURAL HISTORY/SUMMARY:

The Student is entitled to receive a free and appropriate public education in the least restrictive environment as defined in the Individuals with Disabilities Education Improvement Act (“IDEA”) §20 U. S. C. 1401 et seq. and Connecticut General Statutes §10-76a et seq.

The Parents filed the Due Process Hearing Complaint on November 28, 2018. The Hearing Officer was appointed on November 28, 2019. At the pre-hearing conference, the mailing date for the final memorandum of decision was set for March 1, 2019 upon motion for extension of time made by the parties. The Parents withdrew their complaint without prejudice on February 1, 2019.

FINAL DECISION AND ORDER:

The matter is DISMISSED.