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Special Education Law
DECISIONDismissedCT SDE Case No. 17-0585

Student v. Middletown Board of Education

STATE OF CONNECTICUT

DEPARTMENT OF EDUCATION

Student v. Middletown Board of Education - CT SDE Case No. 17-0585

Case No. 17-0585

Student v. Middletown Board of Education

Appearing on behalf of the Parent: Attorney Andrew Feinstein Feinstein Education Law Group 86 Denison Avenue Mystic, CT 06355

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

Appearing before: Justino Rosado, Esq. Hearing Officer

ISSUES:

Is the Student eligible to receive special education and related services as defined in The Individual with Disabilities Education Improvement Act (IDEA)?

SUMMARY AND PROCEDURAL HISTORY:

The Student is not classified as eligible to receive a free and appropriate public education in the least restrictive environment 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 a planning and placement team (PPT) meeting, the Parent did not agree with the determination that the Student was not eligible to receive FAPE as defined in IDEA. The Parent requested that the Student be found eligible to receive special education and related services. The Board refused the Parent’s request.

The Board received notice of the request for due process on June 27, 2017. An impartial hearing officer was appointed on June 27, 2017, and a pre-hearing conference was held on July 6, 2017. The parties attended a mediation session on August 21, 2017. In an electronic transmission, the parties advised the hearing officer that the matter was resolved in mediation and withdrawn with prejudice. The mailing date for the Final Decision and Order is September 8, 2017.

FINAL DECISION AND ORDER:

THE MATTER IS DISMISSED WITH PREJUDICE.