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Special Education Law
DECISIONDismissedCT SDE Case No. 20-0060

Student v. Fairfield Board of Education

STATE OF CONNECTICUT

DEPARTMENT OF EDUCATION

Student v. Fairfield Board of Education - CT SDE Case No. 20-0060

Case No. 20-0060

December 17, 2019 Final Decision and Order Case Number: 20-0060

Student v. Fairfield Board of Education

Appearing on behalf of the Board: Attorney Christopher Tracey Shipman & Goodwin, LLP 300 Atlantic Street Stamford, CT 06901

Appearing on behalf of the Student: Attorney Jeffrey Forte Forte Law Group, LLC One Enterprise Drive, Suite 410 Shelton, CT 06484

Appearing before: Uswah A. Khan, Esq. Hearing Officer

ISSUES:

1. Did the Board of Education violate its Child Find obligation before 2017-2018 school year? If so, is the Student entitled to compensatory education, including reimbursement for evaluations secured at his own expense, therapy, and costs of psychiatric treatment?

2. Did the Board of Education provide the Student a free appropriate public education for 2017-2018, and 2018-2019 school year, including ESY 2019?

(a) If not, was the Student's unilateral placement at Fairfield Country Day School appropriate?

(b) If it is appropriate, is the Student entitled to reimbursement for the expense of the placement?

(c) If they were not appropriate, is the Student entitled to compensatory education?

3. Did the Board of Education violate the Student's rights under Section 504 of the Rehabilitation Act? If so, is the Student entitled to compensatory education?

PROCEDURAL HISTORY/SUMMARY:

The Parents filed the Due Process Complaint and Request for Hearing on August 9, 2019. The Hearing Officer was appointed on August 12, 2019. A Notice for Prehearing Conference was mailed out, and a Prehearing Conference was held on August 27, 2019. Hearing dates were scheduled for December 16, 2019 and December 18, 2019. The mailing date of the decision was October 16, 2019, which was extended twice due to the parties mediation schedule, and the current mailing date was December 13, 2019. Counsel for the Parents notified the hearing officer on December 13, 2019 that the parties had reached an amicable settlement and were withdrawing the due process complaint.

FINAL DECISION AND ORDER:

The matter is DISMISSED.