STATE OF CONNECTICUT
DEPARTMENT OF EDUCATION
Student v. Board of Education
Appearing on behalf of the Parent: Parent, Pro se
Appearing on behalf of the Board: Marsha Belman Moses, Esq. Berchem, Moses & Devlin, P.C. 75 Broad Street Milford, CT 06460
Appearing before: Mary H.B. Gelfman, Esq. Hearing Officer
FINAL DECISION AND ORDER
ISSUES:
Is the special education placement offered by the Board appropriate to the Student’s special education needs in the least restrictive environment?
If not, what is an appropriate special education placement for the Student?
PROCEDURAL HISTORY:
This hearing was requested by Parent on May 12, 2011. The Hearing Officer was appointed on May 19, 2011. The date for mailing the decision was July 26, 2011.
The pre-hearing conference was deferred to accommodate a Planning and Placement Team (PPT) meeting and settlement negotiations. The Parent informed the Hearing Officer by email dated June 10, 2011, that the PPT had worked out a plan for the Student. The Parent asked that the hearing be held off until after a summer program had been completed. The Hearing Officer informed the Parent that she would dismiss the case without prejudice, and if Parent wanted a hearing later in the year, she could file another request.
In order to comply with the confidentiality requirements of the Family Educational Rights and Privacy Act of 1974, 20 U.S.C. § 1232g and related regulations at 34 C.F.R. § 99, the following decision uses “Student”, “School”, “Parent”, and titles of school staff members and other witnesses in place of names and other personally identifiable information.
CONCLUSIONS OF LAW:
Section 10-76h, Connecticut General Statutes (C.G.S.), and related regulations at Section 10-76h, Regulations of Connecticut State Agencies, authorize an impartial hearing officer to conduct a special education hearing and to render a final decision in accordance with Sections 4-176e through 4-180a, inclusive, and Sections 4-181a of the C.G.S. Section 20 U.S.C. § 1415(f) and related regulations at 34 C.F.R. § 300.511 through § 300.520 also authorize special education hearings.
FINAL DECISION AND ORDER:
The Parties have agreed to a summer program for the Student. There being no current dispute, this matter is DISMISSED without prejudice.