STATE OF CONNECTICUT
DEPARTMENT OF EDUCATION
Student v. Greenwich Board of Education - CT SDE Case No. 15-0044
Case No. 15-0044
Student v. Greenwich 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 Abby Wadler Town of Greenwich 101 Field Point Road Greenwich, CT 06830
Appearing before: Justino Rosado, Esq. Hearing Officer
FINAL DECISION AND ORDER:
ISSUES:
1. Does the Student require one-to-one personal instruction for 5 hours per week in language arts; one-to-one personal instruction for 5 hours per week in math and 1.5 hours per week in on-to-one speech therapy in order to receive a free and appropriate public education (FAPE) in the least restrictive environment (LRE)?
2. Should the Board conduct a functional behavioral assessment (FBA) of the Student and create a behavioral intervention plan (BIP)?
3. Should the Student’s occupational and physical therapy be conducted by a licensed occupational therapist and a licensed physical therapist?
4. Does the Student require a dedicated one-on-one paraprofessional during the school day?
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. [ At a planning and placement team (PPT) meeting, the Parents rejected the program offered by j the Board for the 2013-2014 school year. The Parents requested one-to-one personal instruction and that occupational and physical therapy be conducted by a licensed occupational therapist and a licensed physical therapist. The Board refused the Parents’ request. On July 18, 2014, the Board received notice of the Parents’ request for due process. The parties agreed to forego a resolution meeting and mediate the matter. The mediation date was September E 1, 2014.
An impartial hearing officer was appointed on July 18, 2014 and a pre-hearing conference was held on July 23, 2014. A hearing date of September 10, 2014 was chosen by the parties.
In an electronic transmission dated September 2, 2014, the parties advised the hearing officer that they were able to resolve the matter in mediation, but need additional time to finalize the agreement. They requested that the hearing date be cancelled.
On October 1, 2014, the Parents’ attorney advised the hearing officer that the agreement had been executed and the matter was withdrawn with prejudice.
The date for mailing the Final Decision and Order is October 29, 2014.
FINAL DECISION AND ORDER:
THE MATTER IS DISMISSED WITH PREJUDICE.