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Special Education Law
DECISIONDismissedCT SDE Case No. 07-0233

Student v. Granby Board of Education

STATE OF CONNECTICUT

DEPARTMENT OF EDUCATION

Student v. Granby Board of Education - CT SDE Case No. 07-0233

Case No. 07-0233

Student v. Granby Board of Education

Appearing on behalf of the Parents: Atty. Howard Klebanoff, Klebanoff & Alfano, P.C., 433 South Main Street, Suite 102, West Hartford, CT 06110

Appearing on behalf of the Granby Board of Education: Atty. Rebecca Rudnick Santiago, Shipman & Goodwin LLP, One Constitution Plaza, Hartford, CT 06103-1919

Appearing before: Attorney Patricia M. Strong, Hearing Officer

ISSUES

1. Did the Board offer a free appropriate public education (FAPE) to the Student for the 2007-08 school year as required by 20 U.S.C. Section 1401 et seq. and Conn. Gen. Stats., Section 10-76 et seq.?

2. If the Student was not offered a FAPE, is the Board financially responsible for the Student's placement at Ben Bronz Academy for the 2007-08 school year?

PROCEDURAL HISTORY

The Parents requested this hearing by letter dated July 24 to the Granby Board of Education's Director of Special Services ("Director"). The Board and the State Department of Education ("SDE") received the request on July 25. This Hearing Officer was assigned to the case on July 26. On August 6, the Parents' attorney on behalf of both parties requested a 30-day postponement of the mailing date for the final decision because the parties had scheduled an advisory hearing on September 7. A prehearing conference was held on August 8. The mailing date for the final decision deadline was set at October 9, 2007. One hearing date was agreed on for October 4. The request for a 30-day extension of the mailing date for the final decision to November 8 was granted.

On October 4, the hearing convened with the Director and a Legal Assistant from the Parents' attorney's office. She presented a letter from the Parents' attorney requesting a dismissal without prejudice until the parties have fully executed a settlement. The Parents' attorney would then file a request for a dismissal with prejudice. The hearing was adjourned and the Parents' attorney's assistant was advised that the parties would have two weeks to file a request for a dismissal with prejudice. No request has been filed.

-1- It is ordered that this case shall be dismissed.