STATE OF CONNECTICUT
DEPARTMENT OF EDUCATION
Student v. Glastonbury Board of Education - CT SDE Case No. 04-0043
Case No. 04-0043
Student v. Glastonbury Board of Education
On behalf of the Parents: Mother, Pro Se
On behalf of the Board of Education: Attorney Susan C. Freedman Shipman & Goodwin LLP One American Row Hartford, CT 06103-2819
Hearing Officer: Stacy M. Owens, Esq.
ISSUES:
1. Whether the Board’s proposed educational placement and program can provide the Student a free and appropriate public education.
2. Whether the Student should be placed at Klingberg full-time. (these issues are based solely upon the information provided in the Parent’s request for hearing)
SUMMARY/PROCEDURAL HISTORY
On February 23, 2004, the State of Connecticut Department of Education received a request for hearing from the Parent. On the same day, the undersigned was appointed as hearing officer to preside over the hearing, rule on all motions, determine findings of fact and conclusions of law, and issue an order.
By letter dated February 26, 2004, a prehearing conference was scheduled for March 4, 2004. Attorney Susan C. Freedman responded by letter dated February 26, 2004, indicating she was representing the Board in the above-referenced matter and stated she would be available for the prehearing conference scheduled for March 4, 2004 and provided a contact number.
On March 3, 2004, the Parent sent a letter to the undersigned via facsimile stating:
I spoke with Gary Nolfe from Glastonbury Public Schools this morning. He informed me that they were going to settle and agreed to pay for [the Student’s] education at Klingberg. We will be setting up a ppt to discuss [the Student’s] return to Smith Middle School. Thank you for your prompt attention to this matter and call me if you have any questions.
The letter did not indicate the Parent wanted to withdraw her request for hearing.
Neither party could be reached for the prehearing conference scheduled on March 4, 2004.
CONCLUSIONS OF LAW
In accordance with Section 10-76h-18(a)(2) of the Regulations of the Connecticut State Agencies, “. . . the hearing officer may order, sua sponte, . . . dismissal of a hearing for failure of any party to participate in the prehearing conference . . .”
Based on the Parent’s failure to withdraw her complaint and the failure of the parties to participate in the prehearing conference, this matter is dismissed without prejudice.