STATE OF CONNECTICUT
DEPARTMENT OF EDUCATION
Student v. New Haven Board of Education - CT SDE Case No. 14-0423
Case No. 14-0423
Student v. New Haven Board of Education
Appearing on behalf of the Parent: Attorney Nhi Tran New Haven Legal Assistance 426 State Street New Haven, Ct 06510
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. Did the Board have a basis of knowledge that would have given the Student protection under the Individuals with Disabilities Education Improvement Act (IDEA), CFR §300.534, prior to the behavior that precipitated the disciplinary action? If yes;
2. Did the Board violate the Student’s procedural rights by the expulsion?
SUMMARY AND PROCEDURAL HISTORY:
The Student has not been identified as eligible to receive a free and appropriate public education (FAPE) as defined in the IDEA 20 U.S.C. §1401 et seq. and Connecticut General Statute §10-76a et seq.
The Student had a pending expulsion hearing and the Parent requested an expedited due process hearing. The Parent asserts that the Board failed to act on the knowledge it had that the Student has a suspected disability, and that his disciplinary history and teacher concerns should have resulted with the Board evaluating the Student for special education eligibility. The Parent requests a stay of the expulsion hearing. The Board refused the Parent’s request to stay the expulsion hearing.
On March 19, 2014, the Board received notice of the Parent’s request for an expedited due process. On March 26, 2014, the parties held a resolution meeting. An impartial hearing officer was appointed on March 14, 2014 and a pre-hearing conference was held on March 19, 2014. Hearing dates of April 9 and 10, 2014 were chosen by the parties. In an electronic transmission dated April 7, 2014, Parent’s attorney informed the hearing officer that the matter had been resolved. The Parent’s attorney withdrew the matter with prejudice. The date for mailing the Final Decision and Order is May 2, 2014.
FINAL DECISION AND ORDER:
THE MATTER IS DISMISSED WITH PREJUDICE.