STATE OF CONNECTICUT
DEPARTMENT OF EDUCATION
Student v. Hartford Board of Education - CT SDE Case No. 17-0183
Case No. 17-0183
Student v. Hartford Board of Education
Appearing on behalf of the Student: Attorney Colin Milne Office of Protection and Advocacy 60B Weston Street Hartford, CT 06120
Appearing on behalf of the Board: Attorney Michael McKeon Pullman & Comley, LLC 90 State House Square Hartford, CT 06103-3702
Appearing before: Attorney Brette H. Fitton Hearing Officer
ISSUES:
1. Did the District err when it determined that Student’s conduct was not a manifestation of his disability? .
2. Did the District err when it decided to expel student, which constituted a change in placement?
3. Did the District commit substantive and procedural violations of the Individuals with Disabilities Education Act that operated to deny Student a Free Appropriate Public Education for the 2016- 2017 school year?
4. Is the Student entitled to compensatory education?
PROCEDURAL HISTORY AND SUMMARY:
On October 19, 2016, the Board received Parent’s request for an expedited special education due process hearing. The undersigned Hearing Officer was appointed by the Connecticut State Department of Education on October 20, 2016. Pursuant to the expedited deadlines set forth under R.S.C.A. §10- 76-10 and 34 CFR §532(c), November 17, 2016 was identified as the deadline for completion of the hearing and December 2, 2016 was determined to be the deadline for the mailing of the final decision and order, Hearing dates of October 31, 2016 and November 1, 2016 were assigned by the Hearing Officer. A prehearing conference was scheduled for October 21, 2016. The prehearing conference was postponed at the request of the attorneys, who indicated that the case had been settled and would be withdrawn on October 25, 2016. On October 25, 2016, Parent’s attorney withdrew the request for an expedited special education due process hearing without prejudice.
FINAL DECISION AND ORDER:
In light of the above facts, the case is dismissed.