STATE OF CONNECTICUT
DEPARTMENT OF EDUCATION
Student v. Newtown Board of Education - CT SDE Case No. 15-0411
Case No. 15-0411
; Student v. Newtown Board of Education
Appearing on behalf of the Student: Attorney Elizabeth Moyse The Law Offices of Jennifer Laviano, LLC 76 Route 37 South Sherman, CT 6784
Appearing on behalf of the Board: Attorney Michelle Laubin: Berchem, Moses & Devlin, P.C. 75 Broad Street Milford, CT 06460
Appearing before: Attorney Brette H. Fitton Hearing Officer
ISSUES:
1. Did the District deny Student a Free Appropriate Public Education (“FAPE”) for the Extended School Year (“ES Y”) during the summer of 2012?
2. Did the District deny Student a FAPE for the 2012-2013 academic year?
3. Did the District deny Student a FAPE for the ESY during the summer of 2013?
4. Did the District deny Student a FAPE for the 2013-2014 academic year?
5. Did the District deny Student a FAPE for the ESY during the summer of 2014?
6. Did the District deny Student a FAPE for the 2014-2015 academic year?
7. Did the District violate Student’s rights under Section 504 of the Rehabilitation Act?
8. Did the District violate Student’s rights under Title II of the Americans with Disabilities Act (“ADA”)?
9. Did the District err when it determined that Student’s actions which resulted in - disciplinary action by the school were not a manifestation of his disability?
PROCEDURAL HISTORY AND SUMMARY:
On March 13, 2015, the Board received Student’s request for Special Education Due Process I Hearing. During the prehearing conference held on March 23, 2015, Issue 9 was identified as an expedited issue and the hearing date below was set in order to have that matter addressed within the 20 day deadline in which to hold the hearing. The deadline for the filing of the final decision and order on the expedited issue shall be April 2, 2015. All other issues were determined to be subject to the non-expedited timelines and the deadline for the mailing of the Final Decision and; Order for those issues was established as Friday, May 26, 2015. Hearing dates for the remaining issues were to be determined on the first date of hearing. Jurisdictional challenges were raised as to claims beyond the 2 year statutory period permitted under the Individuals with Disabilities i
Education Act and those claims relating to violations of Section 504 and Title II of the ADA.
Arguments on the jurisdictional challenges were to be heard on the first date of hearing. On March 27, 2015, Attorney for the Student withdrew the hearing request with prejudice.
FINAL DECISION AND ORDER:
In light of the above facts, the case is dismissed.