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Special Education Law
DECISIONDismissedCT SDE Case No. 14-0302

Student v. East Hartford Board of Education

STATE OF CONNECTICUT

DEPARTMENT OF EDUCATION

Student v. East Hartford Board of Education - CT SDE Case No. 14-0302

Case No. 14-0302

Student v. East Hartford Board of Education

Appearing on behalf of the Student: Attorney Colin Milne Office of Protection and Advocacy for Persons with Disabilities 60B Weston Court Hartford, CT 06120

Appearing on behalf of the Board of Education: Attorney Linda L. Yoder Shipman & Goodwin LLP One Constitution Plaza Hartford, CT 06103

Appearing before: Ann F. Bird, Esq., Hearing Officer

ISSUE:

1. Has the East Hartford Board of Education (“BOE”) offered the Student a free appropriate public education (“FAPE”) from December 5, 2011 to the present?

2. If not, what remedies, if any, are appropriate?

3. Is the BOE’s proposed placement for the Student appropriate?

4. If not, what placement is appropriate for the Student?

5. Is the Student entitled to independent evaluations at public expense in the following areas: a) psychological; b) speech and language; c) occupational therapy; and/or d) functional behavior?

PROCEDURAL HISTORY:

The Student requested an impartial special education due process hearing in the above-captioned matter on December 5, 2013. A telephonic pre-hearing conference was held on December 23, 2013. Attorney Colin Milne appeared on behalf of the Student and Attorney Linda Yoder appeared on behalf of the BOE. Hearings were scheduled for January 31, 2014, February 4, 2014 and February 6, 2014. On January 22, 2014, the Student reported that the parties had reached a tentative settlement of the case and requested that the hearings be postponed. The request was granted. On January 31, 2014, the Student reported that the parties had settled the case and requested that the Impartial Hearing Officer dismiss the matter with prejudice.

FINAL DECISION AND ORDER:

It is ordered that the Student’s request for dismissal is granted and this matter is dismissed with prejudice.