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Special Education Law
DECISIONDismissedCT SDE Case No. 16-0086

Student v. Meriden Board of Education

STATE OF CONNECTICUT

DEPARTMENT OF EDUCATION

Student v. Meriden Board of Education - CT SDE Case No. 16-0086

Case No. 16-0086

Student v. Meriden Board of Education

Appearing on behalf of the Parent: Attorney Erin Shaffer New Haven Legal Assistance Association, Inc. 426 State Street New Haven, CT 06510

Appearing on behalf of the Board: Attorney Leander Dolphin Shipman & Goodwin, LLP One Constitution Plaza Hartford, CT 06103

Appearing before: Justino Rosado, Esq., Hearing Officer

ISSUES:

1. Did the Board violate child find by not evaluating the Student in a timely manner? Should the Board have performed psychological and psychiatric evaluations as recommended at the June 9, 2015 PPT before recommending a diagnostic placement?

3. What is the Student’s stay-put?

4. Is the student entitled to compensatory education for the denial of FAPE?

SUMMARY AND PROCEDURAL HISTORY:

The Student has not been identified and is not 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 Statute §10-76a et seq. At a planning and placement team (PPT) meeting, the Parent stated that the Board had violated “child find.” The Parent requested that the Student be identified as eligible to receive special education and related services. The Board refused the Parent’s request,

On August 10, 2015, the Board received notice of the Parent’s request for due process. The parties agreed to forego a resolution meeting and agreed to a mediation session. The date of the mediation session was pending.

An impartial hearing officer was appointed on August 10, 2015 and a pre-hearing conference was held on August 19, 2015. A hearing date of October 5, 2015 was chosen by the parties. In an electronic transmission the Parent’s attorney advised the hearing officer that the matter had been resolved and withdrew the hearing request with prejudice. The date for mailing the Final Decision and Order is October 23, 2015.

FINAL DECISION AND ORDER:

THE MATTER IS DISMISSED WITH PREJUDICE.

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