STATE OF CONNECTICUT
DEPARTMENT OF EDUCATION
Student v. Bethel Board of Education - CT SDE Case No. 17-0317
Case No. 17-0317
Student and Bethel Board of Education
Appearing on behalf of the Student: Attorney Gerry McMahon The Law Office of Gerry McMahon LLC 98 Mill Plain Road, Suite 3B Danbury, CT 06811
Appearing on behalf of the Board of Education: Attorney Rebecca Santiago Shipman & Goodwin LLP One Constitution Plaza Hartford, CT 06103-1919
Appearing before: Attorney Ann F. Bird Hearing Officer
ISSUES:
1. Did the Board of Education fulfill its Child Find obligation between January 20, 2015 and December 19, 2016?
(a) If not, is the Student entitled to compensatory education, including without limitation, reimbursement for the expense of the Student’s Newport Academy program?
2. Did the Board of Education offer the Student a free appropriate public education from December 20, 2016 to the present?
(a) If not, does the Student require a residential placement?
(b) If so, is the In Balance Ranch program appropriate?
(c) If the Student requires a residential placement and In Balance Ranch is appropriate, is the Student entitled to reimbursement for the expense of the In Balance Ranch program and/or should the Student be placed at the In Balance Ranch?
(d) If the Student does not require a residential placement but the In Balance Ranch program is appropriate, is the Student entitled to reimbursement for some portion of the In Balance Ranch program?
(e) If the In Balance Ranch Program is not appropriate, is the Student entitled to compensatory education services?
3. Is the Student entitled to reimbursement for the Beitel psychological evaluation?
PROCEDURAL HISTORY:
The Student requested a special education due process hearing in the above-captioned matter on January 20, 2017. This Impartial Hearing Officer was appointed to hear the case on January 23, 2017. A telephonic pre-hearing conference was convened on January 31, 2017. Attorneys Gerry McMahon and Danielle McGee appeared on behalf of the Student and Attorney Rebecca
Santiago appeared on behalf of the Board of Education. The deadline for issuing the final decision was April 5, 2017. Evidentiary hearings were scheduled for April 5, 2017 and April 18, 2017.
On March 27, 2017, the Student reported that the parties resolved their dispute and requested that the matter be dismissed with prejudice.
FINAL DECISION AND ORDER:
It is ordered that the Student’s request is granted and the matter is dismissed with prejudice.