STATE OF CONNECTICUT
DEPARTMENT OF EDUCATION
Student v. Trumbull Board of Education - CT SDE Case No. 20-0445
Case No. 20-0445
Student and Trumbull Board of Education
Appearing on behalf of the Student: Attorney Lawrence W. Berliner Law Office of Lawrence Berliner LLC 1720 Post Road East, Suite 214E Westport, CT 06880
Appearing on behalf of the Board: Attorney Christine Sullivan Berchem Moses, P.C. 75 Broad Street Milford, CT 06460
Appearing before: Attorney Ann F. Bird Hearing Officer
ISSUES:
The following issues have been identified for determination at the hearing:
1. Did the Board of Education offer the Student a Free Appropriate Public Education for the 2018/2019 School Year, including 2019 ESY and/or the 2019/2020 School Year, including 2020 ESY?
2. If not, is the Forman School appropriate for the Student?
3. If the Board of Education did not offer the Student a Free Appropriate Public Education for the 2018/2019 School Year, including 2019 ESY and/or the 2019/2020 School Year, including 2020 ESY and the Forman School is appropriate for the Student, is the Student entitled to reimbursed for the expense of attending the Forman School, including transportation expense?
4. If the Board of Education did not offer the Student a Free Appropriate Public Education for the 2018/2019 School Year, including 2019 ESY and/or the 2019/2020 School Year, including 2020 ESY, is the Student entitled to compensatory education services?
5. If the Board of Education did not offer the Student a Free Appropriate Public Education for the 2018/2019 School Year, including 2019 ESY and/or the 2019/2020 School Year, including 2020 ESY, is the Student entitled to reimbursement for private evaluations obtained at her parents’ expense?
PROCEDURAL HISTORY:
The Student initiated this special education due process case on May 22, 2020. This Impartial Hearing Officer was assigned to the case on May 26, 2020. A Prehearing Conference was convened on June 24, 2020. Attorney Lawrence Berliner appeared on behalf of the Student and Attorney Christine Sullivan appeared on behalf of the Board of Education. It was established that the deadline for filing the final decision in this case was August 5, 2020. An evidentiary hearing via videoconference was scheduled for August 12, 2020 and/or August 14, 2020.
On June 24, 2020 the Student requested a postponement and extension of the timelines to conduct the hearing and to file the final decision in this case to September 4, 2020. The purpose of the requested postponement and extension was to accommodate the hearing schedule. The Board of Education agreed to the requested postponement and it was granted.
On August 27, 2020, the Student reported that the matter had been resolved and requested that the matter be dismissed with prejudice.
FINAL DECISION AND ORDER:
The Student’s request is granted and the matter is dismissed with prejudice.