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Special Education Law
DECISIONDismissedCT SDE Case No. 20-0139

Student v. Norwalk Board of Education

STATE OF CONNECTICUT

DEPARTMENT OF EDUCATION

Student v. Norwalk Board of Education - CT SDE Case No. 20-0139

Case No. 20-0139

Student v. Norwalk Board of Education

Appearing on behalf of the Parent: Piper Paul, Esq. Piper Paul Law, LLC 1465 Post Road East, #100 Westport, CT 06880

Appearing on behalf of the Board: Michelle Laubin, Esq. Berchem Moses, PC 75 Broad Street Milford, CT 06460

Appearing before: Patrick L. Kennedy, Esq. Hearing Officer

ISSUES:

1. Did the District fail to offer the Student a program that would provide FAPE for the 2017-18 school year and 2018 ESY?

2. Did the District fail to offer the Student a program that would provide FAPE for the 2018-19 school year and 2019 ESY?

3. Did the District fail to offer the Student a program that would provide FAPE for the 2019-20 school year?

4. If the District has failed to provide FAPE to the Student, is the program offered by Winston Prep an appropriate one?

5. If the District has failed to provide FAPE to the Student and the program offered by Winston Prep is appropriate, should the District be ordered to reimburse the Parents for the tuition and other related expenses for placement of the Student at Winston Prep?

SUMMARY AND PROCEDURAL HISTORY:

Case 20-0139 was commenced by the Parents by request received by the Board on September 25, 2019. A prehearing conference was held on October 2, 2019. At the prehearing conference, hearing dates were set for November 18, 2019 and November 21, 2019 and the decision date was determined to be December 9, 2019. The hearings were later cancelled and the decision date extended to February 7, 2020.

On January 29, 2020, the undersigned hearing officer was advised by the attorney for the Parents that the parties had reached a settlement in the case and the matter should therefore be dismissed with prejudice.

FINAL DECISION AND ORDER:

The matter is dismissed with prejudice.