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Special Education Law
DECISIONDismissedCT SDE Case No. 20-0282

Student v. Greenwich Board of Education

STATE OF CONNECTICUT

DEPARTMENT OF EDUCATION

Student v. Greenwich Board of Education - CT SDE Case No. 20-0282

Case No. 20-0282

Student v. Greenwich Board of Education

Appearing on behalf of the Parent: Jennifer Laviano, Esq. Law Offices of Jennifer Laviano, LLC 76 Route 37 South Sherman, CT 06784

Appearing on behalf of the Board: Andreana Bellach, Esq. Shipman & Goodwin, LLP 300 Atlantic Street Stamford, CT 06901

Appearing before: Sylvia Ho, Esq. Hearing Officer

ISSUES:

1. Did the Board provide appropriate programs for two years prior to the filing of the Hearing Request?

2. Did the Board evaluate the Student in all areas of all areas of suspected disability?

3. Did the Board offer an appropriate program for the 2020-2021 school year?

4. If not, is Eagle Hill an appropriate placement?

5. If so, should the Student be placed at Eagle Hill?

6. Should the Board be required to reimburse Parents for tuition and education related expenses for their unilateral placement of Student at Eagle Hill?

7. Do the circumstances warrant an award of compensatory education?

PROCEDURAL HISTORY/SUMMARY:

The Parent filed the Due Process Complaint and Request for Hearing on January 2, 2020. The Hearing Officer was appointed on January 7, 2020 and conducted a Prehearing Conference on February 5, 2020. The hearing was scheduled for April 9, 2020. The Parents requested that the hearing be postponed, and the timelines to be extended under the Connecticut State Department of Education authority for extension of timelines for hearings due to the COVID-19 emergency. The Parents’ request to extend the mailing date of the Final Decision was granted. The mailing date of the Final Decision was extended to On October 8, 2020, the Parents filed an Amended Complaint with the consent of the Board. The timelines were reset. The hearing on the Amended Complaint was scheduled for December 7, 2020. The mailing date of the Final Decision was extended to December 22, 2020. On December 3, 2020, the Parents withdrew their Due Process Complaint with prejudice.

FINAL DECISION AND ORDER:

The matter is DISMISSED with prejudice.