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Special Education Law
DECISIONDismissedCT SDE Case No. 19-0367

Weston Board of Education v. Student

STATE OF CONNECTICUT

DEPARTMENT OF EDUCATION

Weston Board of Education v. Student - CT SDE Case No. 19-0367

Case No. 19-0367

Weston Board of Education and Student

Appearing on behalf of the Student: Mother, Pro Se

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

Appearing before: Attorney Ann F. Bird Hearing Officer

ISSUES:

The following issues have been identified for determination at the hearing:

1. Is the Board’s evaluation appropriate?

2. If not, is the Student entitled to an Independent Educational Evaluation in the area of occupational therapy at public expense?

PROCEDURAL HISTORY:

The Board of Education initiated this special education due process case on February 13, 2019. This Impartial Hearing Officer was assigned to the case on February 19, 2019. A Prehearing Conference was convened on March 11, 2019. The Student’s mother appeared on behalf of the Student and Attorney Marsha Moses appeared on behalf of the Board of Education. It was established that the deadline for filing the final decision in this case was March 29, 2019. An evidentiary hearing was scheduled for March 28, 2019.

On March 18, 2019, the Board of Education reported that the parties were working on a settlement of the case and requested that the hearing scheduled for March 28, 2019 be cancelled. The Board of Education also requested an extension of the deadline for filing the final decision. Accordingly, the hearing was cancelled and, on March19, 2019, the deadline for issuing the final decision was extended to April 26, 2019.

On April 25, 2019 the Board requested a postponement and extension of the timelines to conduct the hearing and to file the final decision in this case to May 24, 2019. The purpose of the requested postponement and extension was to accommodate the hearing schedule. The Student did not object to the requested postponement and it was granted.

On May 15, 2019, the Board reported that the Student’s request for an Independent Educational Evaluation was withdrawn and requested that the matter be dismissed.

FINAL DECISION AND ORDER:

The Board’s request is granted and the matter is dismissed.