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Special Education Law
DECISIONDismissedCT SDE Case No. 20-0379

Student v. Fairfield Board of Education

STATE OF CONNECTICUT

DEPARTMENT OF EDUCATION

Student v. Fairfield Board of Education - CT SDE Case No. 20-0379

Case No. 20-0379

Student v. Fairfield Board of Education

Appearing on behalf of the Parents: Attorney Phillip Cohn Goldman Gruder & Woods, LLC 200 Connecticut Avenue Norwalk, CT 060854

Appearing on behalf of the Board: Attorney Peter Maher Shipman & Goodwin, LLP One Constitution Plaza Hartford, Connecticut 06103-1919

Appearing before: Raymond J. Rigat, Esq. Hearing Officer

ISSUES:

1. Did the Board deny FAPE for the 2018-2019, 2019-2020 school years, and their respective extended school years?

2. Whether the Student requires a residential placement, and if so, whether the Grove School is an appropriate placement?

3. Whether the Board should reimburse, or prospectively pay for the cost of residential placement at the Grove School for the 2019-2020 and 2020-2021 school years, including the extended school year periods, or alternatively whether the PPT should be ordered to convene in a timely manner to make a placement at a state approved residential program to offer the student FAPE?

4. Whether the Student is entitled to compensatory education?

PROCEDURAL HISTORY/SUMMARY:

The Parents brought their Hearing Request on February 26, 2020. The Hearing Officer was appointed February 27, 2020. A Prehearing Telephone Conference took place on March 4, 2020. A hearing on the matter was subsequently scheduled for May 4, 2020, but it did not go forward at the request of the Board, without objection from the Parents, due to the COVID-19 crisis. On May 1, 2020, the Mailing Date was extended to June 1, 2020. It was again extended to July 1, 2020, and then until August 1, 2020. On July 27, 2020, the attorney for the Parents informed the Hearing Officer that the Parents were withdrawing their request for a Due Process Hearing with prejudice.

FINAL DECISION AND ORDER:

The matter is DISMISSED.