STATE OF CONNECTICUT
DEPARTMENT OF EDUCATION
Student v. Brookfield Board of Education - CT SDE Case No. 16-0064
Case No. 16-0064
Student v. Brookfield Board of Education
Appearing on behalf of the Parents: Jennifer D. Laviano, Esq. Law Offices of Jennifer D. Laviano, LLC 76 Route 37 South Sherman, CT 06784
Appearing on behalf of the Board: Attorney Craig Meuser Chinni & Meuser LLC One Darling Lane Avon, CT 06001
Appearing before: Justino Rosado, Esq. Hearing Officer
ISSUES:
1. Is the program provided by the Board for the 2015-2016 school year appropriate and does it provide the Student with FAPE in the LRE? If not;
2. Should the Board place the Student at the Connecticut Center for Child Development (CCCD) for the 2015-2016 school year at public expense’?
3. Is the Student entitled to Compensatory Education for the denial of FAPE?
SUMMARY AND PROCEDURAL HISTORY:
The Student has been identified with Autism 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 Statutes §10-76a et seq. At a planning and placement team (PPT) meeting, the Parents rejected the program offered by the Board for the 2015-2016 school year. The Parents requested placement at CCCD for the 2015-2016 school year. The Board refused the Parents’ request.
On July 28, 2015, the Board received notice of the Parents’ request for due process, An impartial hearing officer was appointed on July 29, 2015 and a pre-hearing conference was held on August 4, 2015. The parties agreed to forego a resolution meeting and mediate the matter. The mediation date was pending.
At the October 26, 2015 hearing date, the Parent’s attorney withdrew the matter with prejudice. There was no objection by the Board. The mailing date for the Final Decision and Order is November 9, 2015,
FINAL DECISION AND ORDER:
THE MATTER IS DISMISSED WITH PREJUDICE.