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Special Education Law
DECISIONDismissedCT SDE Case No. 17-0590

Student v. Connecticut Technical High School System Board of Education

STATE OF CONNECTICUT

DEPARTMENT OF EDUCATION

Student v. Connecticut Technical High School System Board of Education - CT SDE Case No. 17-0590

Case No. 17-0590

Student v. Connecticut Technical High School System Board of Education

Appearing on behalf of the Parents: Attorney Lawrence Berliner Law Office of Lawrence Berliner LLC 1720 Post Road East, Ste.214E Westport, CT 06880

Appearing on behalf of the Board: Attorney Christine Chinni Chinni & Meuser, LLC One Darling Drive Avon, CT 06001

Appearing before: Justino Rosado, Esq. Hearing Officer

ISSUES:

1. Was the program provided by the Board for the 2016-2017 school year appropriate and did it provide the Student with a free and appropriate public education (FAPE) in the least restrictive environment (LRE)?

2. Was the program offered by the Board for the 2017-2018 school year appropriate and did it provide the Student with a free and appropriate public education (FAPE) in the least restrictive environment (LRE)? If so;

3. Should the Student continue with his placement at the Platt Vocational Technical High School for the 2017-2018 school year?

SUMMARY AND PROCEDURAL HISTORY:

The Student has been identified with Autism and is entitled to receive FAPE as defined in the Individuals With Disabilities 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 Parents rejected the program provided by the Board for the 2017-2018 school year. The Parents requested that the Student continue with his placement at the Platt Vocational Technical High School. The Board refused the Parents request. The Parents filed for due process.

On June 23, 2017, the Board received notice of the Parents request for due process. The parties agreed to forgo a resolution meeting and mediate the matter. The mediation date was July 19, 2017.

An impartial hearing officer was appointed on June 28, 2017 and a pre-hearing conference was held on July 10, 2017. Hearing date of October 26, 2017 was chosen by the parties.

In an electronic transmission, the Parents’ attorney informed the hearing officer that the Parents’ attorney withdrew the matter without prejudice. The Board did not object to the withdrawal.

The date for the mailing of the Final Decision and Order was extended to accommodate the hearing date. The date for mailing the Final Decision and Order is November 17, 2017.

FINAL DECISION AND ORDER:

THE MATTER IS DISMISSED WITHOUT PREJUDICE.