STATE OF CONNECTICUT
DEPARTMENT OF EDUCATION
New Haven Board of Education v. Student - CT SDE Case No. 06-0008
Case No. 06-0008
New Haven Board of Education v. Student
Appearing on Behalf of the Parents: Howard Klebanoff, Esq. Klebanoff & Alfano, P.C 433 South Main Street, Suite 102 West Hartford, CT 06110
Appearing on Behalf of the Board: Marsha Belman Moses, Esq. Berchem, Moses & Devlin, P.C. 75 Broad Street Milford, CT 06460
Appearing Before: Attorney Justino Rosado, Hearing Officer
ISSUES:
1. Were the evaluations performed by the Board appropriate? If not;
2. Is the student entitled to an independent evaluation at the Board’s expense?
PROCEDURAL HISTORY:
The student is a 15 years and 9 months young man who has been identified as a student with a disability as defined in Individuals with Disabilities Education Act (IDEA) 20 U.S.C. §1401 et seq. and Connecticut General Statute §10-76a and is entitled to receive a free appropriate public education (“FAPE”). On or about January 10, 2006, the Parent through her representative requested an independent psychiatric evaluation of the student. This request was denied by the Board. In accordance with 34 C.F.R. § 300.502(b)(2)(i), the Board requested a due process hearing. On or about January 12, 2006, the Parent received notice of the due process request and on or about January 12, 2006 a hearing officer was appointed to hear the matter. A pre-hearing conference was held on February 6, 2006 and a hearing date of March 22, 2006 was chosen by the parties. In a letter sent to the hearing officer, the Board informed the hearing officer that the matter was being withdrawn because the Parent was no longer requesting an independent evaluation. The matter is, therefore, withdrawn with prejudice. The Final Decision and Order date was extended to accommodate the hearing date. The date for the Final Decision and Order is April 24, 2006.
FINAL DECISION AND ORDER:
The due process hearing is DISMISSED WITH PREJUDICE.