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Special Education Law
DECISIONDismissedCT SDE Case No. 21-0222

Redding Board of Education v. Student

STATE OF CONNECTICUT

DEPARTMENT OF EDUCATION

Redding Board of Education v. Student - CT SDE Case No. 21-0222

Case No. 21-0222

Redding Board of Education and Student

Appearing on behalf of the Student: Attorney Meredith Braxton Meredith C. Braxton, LLC 280 Railroad Avenue, Suite 205 Greenwich, CT 06830

Appearing on behalf of the Board: Attorney Michelle Laubin Berchem Moses, PC 75 Broad Street Milford, CT 06040

Appearing before: Attorney Ann F. Bird Hearing Officer

ISSUES:

The following issues have been identified for determination at the hearing:

1. Is the Board of Education’s triennial reevaluation appropriate?

2. If not, is the Student entitled to an Independent Educational Evaluation at public expense?

PROCEDURAL HISTORY:

The Redding Board of Education initiated this special education due process case on December 23, 2020. This Impartial Hearing Officer was assigned to the case on January 5, 2021. A Prehearing Conference was convened on January 14, 2021. Attorney Meredith Braxton appeared on behalf of the Student and Attorney Michelle Laubin appeared on behalf of the Board of Education. It was established that the initial deadline for filing the final decision in this case was February 5, 2021. An evidentiary hearing was scheduled for March 1, 2021.

On January 14, 2021 the Board of Education requested a postponement and extension of the timelines to conduct the hearing and to file the final decision in this case to March 5.

2021. The Student agreed to the requested postponement and it was granted.

On February 18, 2021 the Student reported that the Student had a death in the family and requested that the hearing of March 1, 2021 be postponed. In addition, the Student requested a postponement and extension of the timelines to conduct the hearing and to file the final decision in this case to April 2. 2021. The purpose of the requested postponement and extension was to accommodate the hearing schedule. The Student agreed to the requested postponement and it was granted.

On March 22, 2021, the hearing was again postponed. The Board of Education requested a further postponement and extension of the timelines to conduct the hearing and to file the final decision to April 30, 2021 to accommodate the hearing schedule. The Student did not object and the request was granted.

On April 1, 2021, the Board of Education reported that the matter had been resolved and requested that the matter be dismissed.

FINAL DECISION AND ORDER:

The Board of Education’s request is granted and the matter is dismissed.