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Special Education Law
DECISIONDismissedCT SDE Case No. 21-0206

Student v. Stamford Board of Education

STATE OF CONNECTICUT

DEPARTMENT OF EDUCATION

Student v. Stamford Board of Education - CT SDE Case No. 21-0206

Case No. 21-0206

Student v. Stamford Board of Education

Appearing on behalf of the Student: Attorney Lawrence Berliner Law Office of Lawrence Berliner, LLC 1720 Post Road East, Suite 214-E Westport, CT 06880

Appearing on behalf of Stamford BOE: Attorney Marsha Moses Berchem Moses, P.C. 75 Broad Street Milford, CT 06460

Appearing before: Melinda A. Powell, Esq.

ISSUES:

1. Did the District develop an IEP for the 2020-2021 school year that provided FAPE?

2. Did the District follow the Department of Education’s Policy Guidance Letters dated March 24, 2020 and/or April 24, 2020 regarding COVID-19 and the provisions of IDEA to ensure parental participation and scheduling of timely PPT meetings?

3. Did the District fail to implement the 2019-2020 IEP regarding evaluations and if so, did that failure deny the Student FAPE?

4. Did the District deprive the Parents of their rights in the development of the Student’s 2020- 21 school year IEP program and placement?

5. Are the Parents entitled to reimbursement for the costs of Winston Preparatory School, including tuition and transportation for the 2020-2021 school year?

6. Did the District comply with the procedural requirements set forth in the IDEA and applicable special education statutes with respect to the development of the Student’s 2020- 21 school year IEP and the provision of FAPE during the 2020-21 school years?

7. Is the Student entitled to compensatory education services as an equitable remedy?

PROCEDURAL HISTORY/SUMMARY:

The Parents filed their Due Process Complaint and Request for Hearing on December 8, 2020. The Hearing Officer was appointed on December 8, 2020. A Prehearing Conference was noticed for and held on December 31, 2020. On February 2, 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.