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Special Education Law
DECISIONDismissedCT SDE Case No. 16-0590

Student v. South Windsor Board of Education

STATE OF CONNECTICUT

DEPARTMENT OF EDUCATION

Student v. South Windsor Board of Education - CT SDE Case No. 16-0590

Case No. 16-0590

Student v. South Windsor Board of Education

Appearing on behalf of the Parents: Attorney Giovanna Shay Greater Hartford Legal Aid 999 Asylum Street Hartford, CT 06105

Appearing on behalf of the Board: Attorney Alyce L. Alfano Shipman & Goodwin, LLP One Constitution Plaza Hartford, CT 06103

Appearing before: Justino Rosado, Esq. Hearing Officer i

‘FINAL DECISION AND ORDER

ISSUES:

1. Was the program provided by the Board from April 29, 2015 to the end of 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)? [f not:

2. Was the program provided by the Board for the beginning of the 2015-2016 school year to December 4, 2015 appropriate and did it provide the Student with FAPE in the LRE?

3. Is the Student entitled to Compensatory Education for the denial of FAPE?

SUMMARY AND PROCEDURAL HISTORY:

The Student has been identified with Specific Learning Disability 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 Statute §10-76a et seq. At a planning and placement team (PPT) meeting, the Parents did not agree with the program provided by the Board and requested compensatory education for the denial of FAPE. The Board denied the; Parents’ request. On June 9, 2016, the Board received notice of the Parents’ request for due process. An impartial hearing officer was appointed on June 9, 2016 and a pre-hearing conference was scheduled for June 23, 2016. The parties agreed to go to mediation; the mediation date was July 14, 2016. In an electronic transmission, the Parents’ attorney advised the hearing officer that the Parents were withdrawing their request for due process without prejudice. The Board did not object. The date for mailing the Final Decision and Order is August 23, 2016.

FINAL DECISION AND ORDER:

THE MATTER IS DISMISSED WITHOUT PREJUDICE,