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Special Education Law
DECISIONDismissedCT SDE Case No. 04-0260

Student v. Newington Board of Education

STATE OF CONNECTICUT

DEPARTMENT OF EDUCATION

Student v. Newington Board of Education - CT SDE Case No. 04-0260

Case No. 04-0260

Student v. Newington Board of Education

Appearing on behalf of the Parents: Attorney Nora A. Belanger Law Office of Nora A. Belanger, L.L.C. 10 Wall Street Norwalk, CT 06850

Appearing on behalf of the Board: Attorney Lawrence J. Campane and Attorney Nicole A. Bernabo Sullivan Schoen, Campane & Connon, LLC 646 Prospect Avenue Hartford, CT 06105-4286

Appearing before: Attorney Mary Elizabeth Oppenheim Hearing Officer

PARENTS’ ISSUES:

1. Whether the Board has failed to provide an appropriate program for the Student from kindergarten to present.

2. Whether the Board’s program for the Student for the extended school year 2002 was appropriate.

3. Whether the Board’s program for the Student for the 2002-2003 school year and extended school year 2003 was appropriate.

4. Whether the Board’s program for the Student for the 2003-2004 school year and extended school year 2004 was appropriate.

5. Whether the Board’s proposed program for the Student for the 2004-2005 school year is appropriate.

6. If not, whether the Parents’ placement of the Student at the Foundation School is appropriate.

7. Whether the Student is entitled to compensatory education.

8. Whether the Parents are entitled to reimbursement for independent evaluations.

BOARD’S ISSUE:

Whether the Parents’ refusal to consent to a comprehensive evaluation with the following components: psychological, speech, psychiatric shall be overridden.

SUMMARY:

This matter was assigned on August 2. A prehearing conference was held on August 5. The hearing convened on September 7. At the hearing on September 7, the parties reported on the record that they had tentatively settled the matter. The hearing was continued to September 22. On September 14, the Parents’ attorney submitted a notice that the settlement was finalized.

FINAL DECISION AND ORDER:

The matter is DISMISSED, with prejudice.