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Special Education Law
DECISIONDismissedCT SDE Case No. 16-0074

Student v. Hebron Board of Education

STATE OF CONNECTICUT

DEPARTMENT OF EDUCATION

Student v. Hebron Board of Education - CT SDE Case No. 16-0074

Case No. 16-0074

Student and Hebron Board of Education

Appearing on behalf of the Student: Attorney Patricia Cofrancesco The Law Offices of Patricia Cofrancesco 89 Kimberly Avenue East Haven, CT 06512

Appearing on behalf of the Board of Education: Attorney Julie Fay Attorney Gwen Zittoun Shipman & Goodwin, LLP One Constitution Plaza Hartford, CT 06103

Appearing before: Attorney Ann F. Bird, Hearing Officer

ISSUES:

1. Did the Board of Education provide the Student a free appropriate public education from January 21, 2015 forward?

2. If not, what remedy is appropriate?

PROCEDURAL HISTORY:

The Student requested a special education due process hearing on August 3, 2015. The Impartial Hearing Officer was assigned to the case on August 6, 2015. A telephonic pre-hearing conference was held on September 10, 2015. Attorney Patricia Cofrancesco appeared on behalf of the Student and Attorney Julie Faye appeared on behalf of the Board of Education. The deadline for filing the final decision was established to be October 16, 2015. The parties agreed to conduct an evidentiary hearing in this case on November 3, 2015. It was also agreed that the parties would convene a second prehearing conference on October 13, 2015 to finalize identification of the issues,

On September 3, 2015 the Board of Education filed a sufficiency challenge to the request for due process. During the Prehearing Conference, it was agreed that the Student would be permitted to supplement the request for due process in order to address the alleged deficiencies by September 16, 2015. The Student filed an Amended Complaint on September 16, 2015. As a result, the deadline for filing the Final Decision and Order was reset to November 30, 2015. The Student also submitted a supplemental amendment on September 24, 2015. In response, the Board of Education filed a Motion to Dismiss some but not all of the Amended Complaint, on October 6, 2015. On October 23, 2015, the Student submitted a written request that the matter be dismissed.

FINAL DECISION AND ORDER:

It is ordered that the request of the Student for dismissal is granted and this matter is dismissed.