STATE OF CONNECTICUT
DEPARTMENT OF EDUCATION
Student v. Fairfield Board of Education - CT SDE Case No. 17-0006
Case No. 17-0006
Student v. Fairfield Board of Education
Appearing on behalf of the Parent: Jennifer Laviano, Esq. Law Offices of Jennifer Laviano, LLC 76 Route 37 South Sherman, CT 06784
Appearing on behalf of the Board: Christine Sullivan, Esq. Berchem, Moses & Devlin, P.C. 75 Broad Street Milford, CT 06460
Appearing before: Justino Rosado, Esq. Hearing Officer
ISSUES:
1. Is the program offered by the Board for the 2016-2017 school year appropriate and does it provide the Student with a free and appropriate public education (FAPE) in the least restrictive environment (LRE)? If not;
2. Does the program at Eagle Hill provide the Student with FAPE in the LRE?
3. Should the Board be responsible for the cost of the placement of the Student at Eagle Hill for the 2016-2017 school year?
4. Is the Student entitled to compensatory education for the denial of FAPE?
SUMMARY AND PROCEDURAL HISTORY:
The Student is classified with Specific Learning Disabilities 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 disagreed with the program offered by the Board for the 2016-2017 school year and requested placement of the Student at Eagle Hill. The Board denied the request.
Notice of the request for due process was received by the Board on July 8, 2016. An impartial hearing officer was appointed on July 8, 2016 and a pre-hearing conference was held on July 20, 2016. The parties agreed to forego a resolution session and proceed to mediation. In an electronic transmission, the Parents’ attorney informed the hearing officer that the parties had signed an agreement and withdrew the matters with prejudice. The date for the mailing the Final Decision and Order is September 21, 2016.
FINAL DECISION AND ORDER:
THE MATTER IS DISMISSED WITH PREJUDICE.