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Special Education Law
DECISIONDismissedCT SDE Case No. 12-0520

Student v. Middletown Board of Education

STATE OF CONNECTICUT

DEPARTMENT OF EDUCATION

Student v. Middletown Board of Education - CT SDE Case No. 12-0520

Case No. 12-0520

Student v. Middletown Board of Education

Appearing on Behalf of the Surrogate Parent: Attorney Traci Valery Valery Law Office, LLC 944 N. Colony Road # 312 Wallingford, CT 06492

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

Appearing Before: Attorney Justino Rosado Hearing Officer SUMMARY and PROCEDURAL HISTORY: The Student is entitled to receive a free and appropriate public education (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 et seq. Ata planning and placement team (PPT) meeting, the Surrogate Parent rejected the program offered by the Board for the 2012-2013 school year. The Surrogate Parent requested a clinical day program for the Student. The Board refused the Surrogate Parent’s request.

An impartial hearing officer was appointed on June 27, 2012 and a pre-hearing conference was attempted on July 9, 2012. The Surrogate Parent’s attorney was on trial and had previous engagements which prevented a timely pre-hearing conference. In an electronic transmission, the Surrogate Parent’s attorney advised the hearing officer she would re-file the request for due process. Additional information was requested of the Board in order to obtain more information about the Student but it was not provided.[1]

FINAL DECISION AND ORDER:

The matter is dismissed without prejudice.


Footnotes

[1] The date for mailing the Final Decision and Order is September 9, 2012.