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Special Education Law
DECISIONDismissedCT SDE Case No. 17-0462

Student v. Region 17 Board of Education

STATE OF CONNECTICUT

DEPARTMENT OF EDUCATION

Student v. Region 17 Board of Education - CT SDE Case No. 17-0462

Case No. 17-0462

Student v. Region 17 Board of Education

Appearing on behalf of the Parents: Attorney Jillian Griswold Feinstein Education Law Group, LLC 945 Main Street, Suite 304 Manchester, CT 0635

Appearing on behalf of the Board: Attorney Rebecca Santiago Shipman & Goodwin, LLP One Constitution Plaza Hartford, CT 06103-1919

Appearing before: Attorney Brette H. Fitton Hearing Officer

ISSUES:

1. Is the program recommended by the planning and placement team on April 21, 2017 appropriate? If the program is not appropriate, should Student continue to be placed at Haddam-Killingworth High School with the following supplemental aids and services:

a. A behavior intervention plan with de-escalating tactics; communication with the parents prior to any discussions that may trigger behavior, such as discussions around discipline; an increase in counseling support regarding social interactions and social stress;

b. A weekly consult with Student’s private therapist;

c. Ongoing consultation with a psychologist with expertise in anxiety and developmental disorders to work with the Parents, Student, Student’s private therapist and school staff, and to review record, observe school program and provide recommendations for an inclusive program; and

d. De-escalation training for all school staff, and a dedicated de-escalation space in the building for the Student.

2. Are Parents entitled to reimbursement for an independent consultation with a psychologist about an inclusive in-district program for Student?

PROCEDURAL HISTORY AND SUMMARY:

On April 24, 2017, the Region 17 Board of Education received a special education due process hearing request filed by Attorney for the Parents. The Connecticut State Department of Education appointed the undersigned hearing officer on April 26, 2017. During the prehearing conference held on May 5, 2017, June 20, 2017 was set as the initial hearing date and the deadline for mailing the final decision and order was established as July 7, 2017. On May 24, 2017, the Attorney for the Parents requested a postponement of the hearing from June 20, 2017 to June 21, 2017, due to a conflict with a case in federal court. The Board did not object to this request and the postponement was granted. On June 9, 2017, Attorney for the Parents withdrew the request for a special education hearing with prejudice.

FINAL DECISION AND ORDER:

In light of the above facts, the case is dismissed.