STATE OF CONNECTICUT
DEPARTMENT OF EDUCATION
Student v. Trumbull Board of Education - CT SDE Case No. 12-0403
Case No. 12-0403
Student v. Trumbull Board of Education
Appearing on Behalf of the Parents: Attorney Jennifer D. Laviano Law Offices of Jennifer D. Laviano, LLC 76 Route 37 South Sherman, CT 06784
Appearing on Behalf of the Board: Attorney Marsha B. Moses Berchem, Moses & Devlin, P.C. 75 Broad Street Milford, Ct 06460
Appearing Before: Attorney Justino Rosado, Hearing Officer
ISSUES:
1. Is the program offered by the Board at the Foundation School for the 2011-2012 school year . appropriate and did it provide the Student with a free and appropriate public education (FAPE) in the least restrictive environment (LRE)?
2. Should the Student be placed in the Speech Academy for the 2011-2012 school year in order to receive FAPE in the LRE?
3. Should the Board reimburse the Parents for the cost incurred as a result of the denial of FAPE for the 2011-2012 school year?
4. Did the Board commit procedural violations in the denial of FAPE to the Student for the 201 1- 2012 school year?
FINAL DECISION AND ORDER
SUMMARY and PROCEDURAL HISTORY: The Student has been identified as Speech and Language Impaired and is entitled to receive FAPE as defined in the Individuals with Disabilities Education Improvement Act (IDEA) 20 U.S.C. §1401 et seq. and Connecticut General Statute §10-76a. The Parents rejected the program offered by the Board for the 2011-2012 school year. The Parents requested that the Student be placed at The Speech Academy. The Board refused the Parents’ request. On or about May 4, 2012, the Board received notice of the Parents request for due process. The parties agreed to go to mediation in place of a resolution meeting. An impartial hearing officer was appointed on May 8, 2012 and a pre-hearing conference was held on May 24, 2011. A hearing date of July 31, 2012 was chosen by the parties.
In an electronic transmission, the Parents’ attorney advised the hearing officer that the parties were not able to resolve the matter in mediation but had agreed to a psychiatric evaluation of the Student. The Parents’ attorney requested a withdrawal without prejudice to allow the Parents to obtain the evaluation and to review it.
The date for the mailing of the Final Decision and Order was extended to accommodate the parties’ mediation and the hearing date. The date for mailing the Final Order and Decision is August 17, 2012.
FINAL DECISION AND ORDER:
THE MATTER IS DISMISSED WITHOUT PREJUDICE.