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Special Education Law
DECISIONDismissedCT SDE Case No. 17-0489

East Haddam Board of Education v. Student

STATE OF CONNECTICUT

DEPARTMENT OF EDUCATION

East Haddam Board of Education v. Student - CT SDE Case No. 17-0489

Case No. 17-0489

East Haddam Board of Education v. Student

Appearing on behalf of the Parents: Pro Se

Appearing on behalf of the Board: Attorney Fredrick Dorsey Kainen, Escalera and McHale, PC 21 Oak Street, Suite 601 Hartford, CT 06106

Appearing before: Justino Rosado, Esq. Hearing Officer

ISSUES:

1. Were the evaluations performed by the Board appropriate? If not;

2. Is the Student entitled to a NeuroPsychological Evaluation, (IEE), at public expense?

SUMMARY AND PROCEDURAL HISTORY:

The Student has been identified with Specific Learning Disability/Dyslexia 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 the planning and placement team (PPT) meeting, the Parents did not agree with the evaluations performed by the District. The Parents requested a NeuroPsychological Evaluation at public expense. The Board refused the Parents’ request.

On May 2, 2017, the Board received notice of the Parents’ request for due process. An impartial hearing officer was appointed on May 8, 2017 and a pre-hearing conference was held on May 19, 2017. Hearing dates of August 15 and 18, 2017 were chosen by the parties.

In an electronic transmission, the Parent advised the hearing officer that their request for an IEE was withdrawn with prejudice and the District withdrew their request for due process. The mailing date for the Final Decision and Order is August 18, 2017.

FINAL DECISION AND ORDER:

THE MATTER IS DISMISSED WITH PREJUDICE.