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Special Education Law
DECISIONDismissedCT SDE Case No. 19-0555

Student v. Wilton Board of Education

STATE OF CONNECTICUT

DEPARTMENT OF EDUCATION

Student v. Wilton Board of Education - CT SDE Case No. 19-0555

Case No. 19-0555

Student v. Wilton Board of Education

Appearing on behalf of the Student: Attorney Philip Cohn Goldman, Gruder & Woods, LLC 200 Connecticut Ave. Norwalk, CT 06854

Appearing on behalf of the Board: Attorney Linda Yoder Shipman & Goodwin LLP One Constitution Plaza Hartford, CT 06103

Appearing Before: Attorney Susan Dixon Hearing Officer

ISSUES:

1. Whether the District failed to provide the Student with FAPE during the 2016-2017 school year, and extended school year period.

2. Whether the District failed to provide the Student with FAPE during the 2017-2018 school year, and extended school year period.

3. Whether the District failed to provide the Student with FAPE for the 2018-2019 school year, and extended school year period.

4. Whether the District failed to provide the Student with FAPE for the 2019-2020 school year.

5. Whether Aspiro, in Sandy, Utah, was an appropriate placement.

6. Whether the District should reimburse the Parents for the cost of Aspiro from September 9, 2018 through November 14, 2018, including related expenses.

7. Whether Crossroads Academy, in Ogden, Utah, is an appropriate placement.

8. Whether the District should reimburse the Parents for the cost of Crossroads Academy from November 18, 2018, through the end of the 2018-2019 school year, and the 2019-2020 school year, including the extended school year period, and related expenses.

9. Whether the Student is entitled to compensatory education as a remedy for the effects of the District's deprivations of F APE during all periods relevant to this request for due process.

10. Whether the District violated the Student's rights under Section 504 of the Rehabilitation Act and, if so, is the Student entitled to equitable relief, including, but not limited to, tuition reimbursement, compensatory education, and reimbursement for educational related expenses, and damages.

PROCEDURAL BACKGROUND:

Counsel for the Student filed this Request for a Due Process Hearing on June 4, 2019. The Hearing Officer was assigned on June 4, 2019. A Prehearing Conference was scheduled, and held on June 12, 2019. A hearing was scheduled for August 1, 2019, with a date for mailing the final decision of August 19, 2019. The parties requested and were granted extensions of time for a hearing date to August 9, 2019 and the date for mailing the final decision to August 30, 2019. On August 6, 2019, counsel for the Student notified the Hearing Officer that the parties had reached an agreement and he would be withdrawing the case without prejudice.

FINAL DECISION AND ORDER:

The case is DISMISSED without prejudice.