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Special Education Law
DECISIONDismissedCT SDE Case No. 20-0202

Student v. New Milford Board of Education

STATE OF CONNECTICUT

DEPARTMENT OF EDUCATION

Student v. New Milford Board of Education - CT SDE Case No. 20-0202

Case No. 20-0202

Student v. New Milford 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: Michael McKeon, Esq. Pullman & Comley, LLC 90 State House Square Hartford, CT 06103

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

ISSUES:

1. Did the District deny the Student FAPE by failing to offer her an appropriate program for the 2019-20 school year?

2. If so, is Big Sky Academy an appropriate program for the Student?

3. If the District has denied FAPE and Big Sky Academy is an appropriate program, should the District be ordered to assume the cost of the Student’s attendance at Big Sky Academy for the 2019-20 school year and 2020 ESY, including reimbursement for payments already made by the Parents?

SUMMARY AND PROCEDURAL HISTORY:

Case 20-0202 was commenced by the Parents by request received by the Board on November 7, 2019. A prehearing conference was held on December 9, 2019. At the prehearing conference, hearing dates were set for January 14, 2020; January 16, 2020 and January 17, 2020 and the decision date was determined to be January 21, 2020. The hearing dates were later cancelled and the decision date extended to April 20, 2020.

On April 3, 3030, 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.