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Special Education Law
DECISIONDismissedCT SDE Case No. 11-0313

Student v. Wolcott Board of Education

STATE OF CONNECTICUT

DEPARTMENT OF EDUCATION

Student v. Wolcott Board of Education - CT SDE Case No. 11-0313

Case No. 11-0313

Student v. Wolcott Board of Education

Appearing on Behalf of the Parents: Pro Se

Appearing on Behalf of the Board: Attorney Craig Meuser Chinni & Meuser LLC 30 Avon Meadow Lane Avon, CT 06001

Appearing Before: Attorney Justino Rosado Hearing Officer

Issues:

1. Is the Program provided by the Board for the 2010-2011 school year appropriate and does it provide the Student with a free and appropriate public education (FAPE) in the least restrictive environment (LRE)?

2. Should the Student graduate with his class at the end of the 2010-2011 school year?

3. Should the Student be allowed to walk in his graduation ceremony and not receive a diploma?

Summary and Procedural History:

The Student has been identified with Autism and is entitled to receive a FAPE as defined in the Individuals with Disabilities Education Act (IDEA) 20 U.S.C. §1401 et seq. and Connecticut General Statute §10-76a. The Student is over the age of eighteen. In a letter to the hearing officer, the Student advised the hearing officer that the Parent is authorized to represent him. At a PPT meeting, the Student rejected the program offered by the Board for the 2010-2011 school year. The Parent requested that the Student not graduate with his class but be allowed to walk with his class in the graduation. The Board refused the Parent’s request. On or about February 14, 2011, the Board received notice of the Parent’s request for due process. An impartial hearing officer was appointed on February 17, 2011 and a pre-hearing conference was held on February 24, 2011. A hearing date of April 5, 2011 was chosen. On or about March 8, 2011, a resolution meeting was held. In a letter, the Student informed the hearing officer that the matter was resolved and the hearing was withdrawn with prejudice. The date for the Final Decision and Order is March 31, 2011.

FINAL DECISION AND ORDER:

THE MATTER IS DISMISSED WITH PREJUDICE.