STATE OF CONNECTICUT
DEPARTMENT OF EDUCATION
Student v. Bridgeport Board of Education - CT SDE Case No. 15-0407
Case No. 15-0407
Student and Bridgeport Board of Education and Achievement First Bridgeport Academy Middle School
Appearing on behalf of the Student: Attorney Robin Keller Law Office of Robin Keller LLC 50 Washington Street, Suite 921 Norwalk, CT 06845
Appearing on behalf of the Bridgeport: Attorney Gwen Zittoun Board of Education Shipman & Goodwin, LLP One Constitution Plaza Hartford, CT 06103-1919
Appearing on behalf of Achievement First Attorney Elizabeth Adams Bridgeport Academy Middle School Elizabeth Adams Law Office 81 Wethersfield Avenue, #2 Hartford, CT 06114-1156
Appearing before: Attorney Ann F. Bird Hearing Officer
ISSUES:
1. Was the Student denied a Free Appropriate Public Education (“FAPE”) based upon a failure to comply with Child Find requirements under IDEA and State law from 03/12/2013 to the filing date of 03/12/15?
a. If Student was denied a FAPE due to a violation of Child Find requirements under IDEA and State law from 03/12/2013 through 03/12/15, is the Bridgeport Board of f Education (“Board”) responsible? If the Board is responsible, is it in whole or in part?
b. If student was denied FAPE due to a violation of Child Find requirements under IDEA and State law from 03/12/13 through 03/12/15, is Achievement First Bridgeport Academy responsible (“AFBA”)? If AFBA is responsible, is it in whole or in part?
2. Was the Student denied a FAPE by a failure to adhere to the procedural safeguards under IDEA and State law from 03/12/2013 to the filing date of 03/12/2015?
a. If Student was denied a FAPE due to a failure to adhere to the procedural safeguards, is the Board responsible? If the Board is responsible, is it in whole or in part?
b. If Student was denied FAPE due to a failure to adhere to the procedural safeguards, ? is AFBA responsible? If AFBA is responsible, is it in whole or in part?
3. Is the Student entitled to compensatory education for the period between 3/12/2013 and 3/12/2015?
a. If the student is found entitled to compensatory education, is the Board responsible? If the Board is responsible, is it in whole or in part?
b. If the student is found entitled to compensatory education, is AFBA responsible? If AFBA is responsible, is it in whole or in part?
PROCEDURAL HISTORY:
The Student requested a special education due process hearing in the above-captioned matter on March 12, 2015. A telephonic pre-hearing conference was held on April 2, 2015. Attorney Robin Keller appeared on behalf of the Student, Attorney Gwen Zittoun appeared on behalf of the Bridgeport Board of Education and Attorney Elizabeth Adams appeared on behalf of the Achievement First Bridgeport Academy Middle School. At the conference, it was established that the deadline for filing the final decision and order was May 26, 2015, Evidentiary hearings were scheduled for May 26, 2015 and May 28, 2015. On April 7, 2015, Counsel for the Student submitted a written request for a thirty-day postponement and extension of the deadline to file the final decision and order to June 24, 2015. The purpose of the requested postponement and extension was to allow the parties to participate in mediation. Counsel for the respondents agreed to the requested postponement and it was granted. On April 24, 2015 the Student reported that the dispute had been resolved, and requested that the case be dismissed 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.