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Special Education Law
DECISIONDismissedCT SDE Case No. 16-0070

Avon Board of Education v. Student

STATE OF CONNECTICUT

DEPARTMENT OF EDUCATION

Avon Board of Education v. Student - CT SDE Case No. 16-0070

Case No. 16-0070

Avon Board of Education v. Student

Appearing on behalf of the Parents: Pro Se

Appearing on behalf of the Board: Attorney Rebecca Santiago Shipman & Goodwin, LLP One Constitution Plaza Hartford, Connecticut 06103-1919

Appearing before: Justino Rosado, Esq. Hearing Officer

ISSUES:

1. Are the Neurological, Speech and Language and Reading Evaluations conducted by the Board appropriate? If not;

2. Should the Board conduct an Independent Reading Evaluation at public expense?

SUMMARY AND PROCEDURAL HISTORY:

The Student has been identified with Autism and is entitled to receive a free and appropriate public education (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. Ata planning and placement team (PPT) meeting, the Parents rejected the reading evaluation conducted by the Board. The Parents requested an independent reading evaluation. The Board refused the Parents’ request. The Board filed for due process in compliance with 34 C.F.R. § 300.502(b).

An impartial hearing officer was appointed on July 31, 2015 and a pre-hearing conference was scheduled for August 7, 2015. In an electronic transmission, the Board advised the hearing officer that the Parents had withdrawn their request for an independent reading evaluation. The Board withdrew their request for due process without prejudice.

The date for mailing the Final Decision and Order is October 14, 2015.

FINAL DECISION AND ORDER:

THE MATTER IS DISMISSED WITHOUT PREJUDICE.

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