STATE OF CONNECTICUT
DEPARTMENT OF EDUCATION
Student v. Westport Board of Education - CT SDE Case No. 16-0234
Case No. 16-0234
Student v. Westport Board of Education
Appearing on behalf of the Student: Attorney Howard Klebanoff Attorney at Law 76 High Farms Road West Hartford, CT 06107
Appearing on behalf of the Board: Attorney Andreana Bellach Shipman & Goodwin, LLP 300 Atlantic Avenue Stamford, CT 06901
Appearing before: Justino Rosado, Esq. Hearing Officer FINAL DECISION AND ORDER (CORRECTED) Reissued April 4, 2016
ISSUES:
1. Was the program provided by the Board for the 2014-2015 school year appropriate and did it provide the; Student with a free and appropriate public education (FAPE) in the least restrictive environment (LRE)?
2. Was the program provided by the Board for the 2015-2016 school year appropriate and does it provide the Student with FAPE in the LRE?
3. Did the Student require an extended school year for the summer of 2015 in order to receive FAPE in the LRE?
4. Should the Board reimburse the Parents for their unilateral placement of the Student at the Pilot House and a paraprofessional to accompany her for the summer of 2015?
5. Does the unilateral placement at The Grove School offer the Student a meaningful education? If so:
6. Should the Board be responsible for the cost of the Student’s placement at Crystal Springs for the 2015- 2016 school year?
7. Should the Board be responsible for the services provided to the Student during the 2014-2015 school year?
SUMMARY AND PROCEDURAL HISTORY:
The Student has been identified with Multiple Disabilities and is entitled to receive FAPE as defined in the Individuals With Disabilities Education 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 program offered to the Student for the 2015-2016 school year and requested placement at The Grove School. The Board refused the Parents’ request. On November 5, 2015, the Board received notice of the Student’s request for due process, An impartial hearing officer was appointed on November 6, 2015 and a pre-hearing conference was held on November 19, 2015, The parties agreed to attend mediation on January 22, 2016 in lieu of a resolution meeting. In an electronic transmission, the Parents’ attorney informed the hearing officer that the matter had been resolved and an agreement was signed. The Parents’ attorney requested a withdrawal of the matter with prejudice. The mailing date of the Final Decision and Order was extended to February 26, 2016 to accommodate the mediation. ]
FINAL DECISION AND ORDER;
THE MATTER IS DISMISSED With PREJUDICE.