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Special Education Law
DECISIONDismissedCT SDE Case No. 20-0014

Connecticut SDE Decision

October 7, 2019·Kelly Moyher

STATE OF CONNECTICUT

DEPARTMENT OF EDUCATION

Connecticut SDE Decision 20-0014

Case No. 20-0014

Appearing for the Parents: Attorney Lawrence Berliner Law Office of Lawrence Berliner, LLC 1720 Post Road East, Ste 214E Westport, CT 06680

Appearing on behalf of the Board: Attorney Marsha Moses Berchem Moses, P.C. 75 Broad Street Milford, CT 06103

Appearing before: Kelly Moyher, Esq. Hearing Officer

ISSUES:

1. Was the Student denied FAPE for the 2017-2018, 2018-2019 and 2019-2020 school years, including ESY 2019?

2. If the Student was denied FAPE for these years, what is the appropriate remedy?

3. Is the Student entitled to any Independent Educational Evaluations (IEE) including but not limited to an AT/communication evaluation and occupational therapy evaluation?

4. Is the Student entitled to compensatory education and/or any other relief determined to be appropriate by the Hearing Officer?

PROCEDURAL HISTORY/SUMMARY:

The Parents filed the Due Process Complaint and Request for Hearing on July 7, 2019. The Hearing Officer was appointed on July 11, 2019. A Prehearing Conference was held on July 16, 2019. The issues in the case were set forth and a tentative hearing date was set for August 15, 2019 The hearing date was cancelled and the Hearing Officer was notified that the parties were executing an agreement. The Hearing Officer was notified via email on October 4, 2019 that a settlement had been reached and the parents were withdrawing their request for a due process hearing.

FINAL DECISION AND ORDER:

The matter is DISMISSED with prejudice.