STATE OF CONNECTICUT
DEPARTMENT OF EDUCATION
Stamford Board of Education v. Student - CT SDE Case No. 20-0049
Case No. 20-0049
Stamford Board of Education and Student
Appearing on behalf of the Student: Parent, 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 of Education’s Multidisciplinary Evaluation appropriate?
2. If not, is the Student entitled to an Independent Educational Evaluation at public expense in the area of neuropsychology?
3. If the Student is so entitled, must the Independent Educational Evaluation be conducted by New York University?
PROCEDURAL HISTORY:
The Board of Education initiated this special education due process case on August 1, 2019 in order to address the propriety of its evaluation of the Student. This Impartial Hearing Officer was assigned to the case on August 1, 2019. In the assignment, Attorney Deborah Stevenson was identified as the attorney representing the Student. On August 12, 2019, a Notice of Prehearing Conference for August 19, 2019 was issued to Attorney Deborah Stevenson for the Student and Attorney Marsha Moses for the Board of Education.
On August 14, 2019, the Student’s parent notified the Impartial Hearing Officer and Attorney Moses that Attorney Stevenson does not represent the Student and all communication should be directed to the parent directly. The Student’s parent indicated that she would work directly with Attorney Moses to schedule the prehearing conference.
The Student’s parent later reported that she could not participate in a prehearing conference until after September 15, 2019. The Impartial Hearing Officer indicated that the conference could not be deferred until after September 15, 2019, as the deadline for issuing a final decision in the case was September 12, 2019.
The prehearing conference was rescheduled to take place on August 26, 2019 at 5:00 pm. Attorney Marsha Moses appeared on behalf of the Board of Education. The Student did not appear. It was established that the deadline for filing the final decision in this case was September 12, 2019. The Board of Education indicated that it would request a thirty-day extension of the deadline for issuance of the final decision. An evidentiary hearing was scheduled for October 10, 2019.
On September 4, 2019 the Board of Education requested a postponement and extension of the deadline to conduct the hearing and to file the final decision in this case to October 11, 2019. The request was granted and the deadline to issue the final decision was extended to October 11, 2019.
On September 9, 2019, the Board of Education requested that the matter be dismissed.
FINAL DECISION AND ORDER:
The Board of Education’s request is granted and the matter is dismissed.