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Special Education Law
DECISIONDismissedCT SDE Case No. 17-0486

Student v. Pomfret Board of Education

STATE OF CONNECTICUT

DEPARTMENT OF EDUCATION

Student v. Pomfret Board of Education - CT SDE Case No. 17-0486

Case No. 17-0486

Student v. Pomfret Board of Education

Appearing on behalf of the Student: Attorney Courtney Spencer The Law Office of Courtney Spencer, LLC 100 Riverview Center - Suite 120 Middletown, CT 06457

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

Appearing before: Attorney Brette H. Fitton Hearing Officer

ISSUES:

1. Did the District propose an appropriate individualized education program (“IEP”) for the extended school year (“ESY”) in the summer of 2017?

2. Did the District propose an appropriate IEP for the 2017-2018 school year?

3. If the IEP for the ESY in the summer of 2017 and/or the IEP for the 2017-2018 school year was not appropriate, is the residential placement at the Franklin Academy an appropriate program for Student and should the Board be ordered to place Student at the Franklin Academy for the 2017-2018 school year and refund any tuition paid by Parents to the Franklin Academy?

PROCEDURAL HISTORY AND SUMMARY:

On June 21, 2017, the Board 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 to preside over this case on June 28, 2017. Based upon the June 21, 2017 date of receipt, the deadline for mailing the final decision and order is September 1, 2017. A prehearing conference was scheduled for July 7, 2017. On July 6, 2017, the Attorney for Parents withdrew Parents’ request for a special education due process hearing with prejudice.

FINAL DECISION AND ORDER:

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