STATE OF CONNECTICUT
DEPARTMENT OF EDUCATION
Student v. Darien Board of Education - CT SDE Case No. 14-0222
Case No. 14-0222
Student v. Darien Board of Education
Appearing on behalf of the Parent: Attorney Andrew Feinstein Attorney at Law, LLC 86 Denison Avenue Mystic, Ct 06355
Appearing on behalf of the Board: Attorney Andreana Bellach Shipman & Goodwin, LLP 300 Atlantic Avenue Stamford, CT 06901
Appearing before: Justino Rosado, Esq., Hearing Officer
ISSUES:
1. Is the program proposed by the Board for the 2013-2014 school year appropriate and does it provide the Student with a free and appropriate public education (FAPE) in the least restrictive environment (LRE)? If not;
2. Is the unilateral placement of the Student at Cooke Center Academy for the 2013-2014 school year appropriate and does it provide a meaningful education?
SUMMARY AND PROCEDURAL HISTORY:
The Student has been identified with Autism 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 et seq. At a planning and placement team (PPT) meeting, the Parents rejected the program offered by the Board for the 2013-2014 school year. The Parents requested placement at Cooke Center Academy for the 2013- 2014 school year. The Board refused the Parents’ request. On October 15, 2013, the Board received notice of the Parents’ request for due process, The parties agreed to forgo a resolution meeting and mediate the matter. An impartial hearing officer was appointed on October 17, 2013 and a pre-hearing conference was held on October 22, 2013. A hearing date of December 2, 2013 was chosen by the parties. In an electronic transmission the parties requested cancelation of the hearing date because the matter had been resolved. Thee parties requested additional time in order to finalize an agreement. In an electronic transmission dated December 4, 2013, the parties advised the hearing officer that the agreement had been signed by all parties. The Parents’ attorney withdrew the matter with prejudice. The date for the mailing of the Final Decision and Order is December 28, 2013.
FINAL DECISION AND ORDER:
THE MATTER IS DISMISSED WITH PREJUDICE.