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Special Education Law
DECISIONDismissedCT SDE Case No. 20-0370

Student v. Norwalk Board of Education

STATE OF CONNECTICUT

DEPARTMENT OF EDUCATION

Student v. Norwalk Board of Education - CT SDE Case No. 20-0370

Case No. 20-0370

Student v. Norwalk Board of Education

Appearing on behalf of the Student: Attorney Jennifer Laviano The Law Offices of Jennifer Laviano, LLC 76 Route 37 South Sherman, CT 06784

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

Appearing before: Melinda A. Powell, Esq.

ISSUES:

1. Did the Board offer FAPE for the 2019-2020 school year?

2. If not, was The Southport School an appropriate unilateral placement for the 2019-2020 school year?

3. If so, is the Parent entitled to reimbursement for costs associated with the unilateral placement at The Southport School for the 2019-2020 school year?

4. Did the Board offer FAPE to the Student for the 2020-2021 school year?

5. If not, is the Parent entitled to reimbursement for the unilateral placement at The Southport School?

6. Did the Board violate any procedural rights of the Parents, as detailed in the Amended Due Process Complaint in paragraph 5?

7. Should compensatory education be awarded as a remedy?

PROCEDURAL HISTORY/SUMMARY:

The Parents filed their Due Process Complaint and Request for Hearing on February 20, 2020. The Hearing Officer was appointed on February 24, 2020. A Prehearing Conference was noticed for and held on March 2, 2020. On February 1, 2021, via email, the Attorney for the Parents withdrew their request for a Due Process Hearing based on the resolution of this matter and requested that it be dismissed without prejudice.

FINAL DECISION AND ORDER:

In light of the above, the matter is DISMISSED.