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Special Education Law
DECISIONDismissedCT SDE Case No. 20-0210

Student v. Westport Board of Education

STATE OF CONNECTICUT

DEPARTMENT OF EDUCATION

Student v. Westport Board of Education - CT SDE Case No. 20-0210

Case No. 20-0210

Student v. Westport Board of Education

Appearing on behalf of the Student: Attorney Gerry McMahon The Law Offices of Gerry McMahon, LLC 98 Mill Plain Road, Suite 2B Danbury, CT 06811

Appearing on behalf of Westport BOE: Attorney Christine Sullivan Berchem Moses, P.C. 75 Broad Street Milford, CT 06460

Appearing before: Melinda A. Powell, Esq.

ISSUES:

1. Whether the Board met its Child Find obligations for that portion of the 2017-2018 school year up to January 18, 2018?

2. Whether the Board provided FAPE for a portion of the 2017-2018 school year, beginning January 18, 2018, and also ESY 2018?

3. If not, whether the Parents are entitled to reimbursement for the Aspiro Wilderness Therapy Program beginning on March 9, 2018?

4. Whether the Board provided FAPE for the 2018-2019 school year and ESY 2019?

5. If not, whether the Parents are entitled to reimbursement for Echo Springs young adult transitional program?

6. Whether the Student is entitled to compensatory education as a remedy and if so, for how long?

7. Whether the Parents should be reimbursed for the neuropsychological evaluation by Dr. Cohen-Sandler dated November 13, 2017?

PROCEDURAL HISTORY/SUMMARY:

The Parents filed their Due Process Complaint and Request for Hearing on November 12, 2019. The Hearing Officer was appointed on November 13, 2019. A Prehearing Conference was noticed for and held on November 27, 2019. On September 9, 2020, the parties engaged in mediation and counsel for the Student advised there was a settlement in principle, which was not disputed by the Board. The Hearing Officer replied requesting additional information on the matter. Having not received any further response from the parties, the matter is dismissed without prejudice.

FINAL DECISION AND ORDER:

In light of the above, the matter is DISMISSED.