STATE OF CONNECTICUT
DEPARTMENT OF EDUCATION
Student v. Newtown Board of Education - CT SDE Case No. 14-0384
Case No. 14-0384
Student v. Newtown Board of Education
Appearing on behalf of the Parents: Attorney Andrew Feinstein Attorney at Law, LLC 86 Denison Avenue Mystic, Ct 06355
Appearing on behalf of the Board: Attorney Michelle C. Laubin Berchem, Moses & Devlin, P.C. 75 Broad Street Milford, Ct 06460
Appearing before: Justino Rosado, Esq. Hearing Officer
ISSUES:
1. Was the program offered by the Board for the 2012-2013 school year appropriate and did it provide the Student with a free and appropriate public education (FAPE) in the least restrictive environment (LRE)?
2. Is the program offered by the Board, for the 2013-2014 school year, appropriate and does it provide the Student with FAPE) in the LRE? If not;
3. Is the program at Eastern Country Day School for the 2013-2014 school year appropriate and does it provide the Student with a meaningful education?
4. Should the Board reimburse the Parents for the Student’s independent educational evaluation performed by Dr. Laura Seese?
5. Should the Board reimburse the Parents for their unilateral placement of the Student at Eastern Country Day School from April 13, 2013 to the end of the 2012-2013 school year and did it provide the Student a meaningful education?
6. Should the Board reimburse the Parents for their unilateral placement of the Student at Eastern Country Day School 2013-2014 school year?
7. Did the Board violate child find in not identifying the Student as requiring special education and related services in a timely manner?
8. Is the Student entitled to compensatory education for the denial of FAPE?
SUMMARY AND PROCEDURAL HISTORY:
The Student has been identified as Other Health 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 et seq.
Ata 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 Eastern Country Day School for the 2013-2014 school year. The Board refused the Parents request.
On February 21, 2014, 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 February 24, 2014 and a pre-hearing conference was held on March 3, 2014. A hearing date of April 30, 2014 was chosen by the parties.
On April 24, 2014, the Parents’ attorney informed the hearing officer that the matter had been resolved. The Parents’ attorney withdrew the matter with prejudice. The date for mailing the Final Decision and Order is May 7, 2014.
FINAL DECISION AND ORDER:
THE MATTER IS DISMISSED WITH PREJUDICE.