STATE OF CONNECTICUT
DEPARTMENT OF EDUCATION
Student v. Farmington Board of Education - CT SDE Case No. 18-0143
Case No. 18-0143
Student v. Farmington Board of Education
Appearing on behalf of the Parents: Attorney Jillian Griswold Feinstein Education Law Group, LLC 945 Min Street, Suite 304 Manchester, CT 06040
Appearing on behalf of the Board: Attorney Julie C. Fay Shipman & Goodwin, LLP One Constitution Plaza Hartford, CT 06103
Appearing before: Justino Rosado, Esq. Hearing Officer
ISSUES:
1. Was the program offered by the Board from October 4, 2015 to the end of the 2015-2016 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 2016-2017 school year, including ESY, appropriate and did it provide the Student with FAPE in the LRE?
3. Is the program offered by the Board for the 2017-2018, school year appropriate and does it provide the Student with FAPE in the LRE? If not;
4. Should the Parents’ be reimbursed for their unilateral placement of the Student at Ben Bronz Academy for the 2017-2018 school year?
5. Does the Student require an Extended Day Program (“EDP”) for the 2017-2018 school year to receive FAPE?
6. Should the Parents be reimbursed for their unilateral placement of the Student at Creative Development in an EDP for the 2017-2018 school year?
7. Is the Student entitled to compensatory education for the denial of FAPE?
SUMMARY AND PROCEDURAL HISTORY:
The Student is entitled to receive a free and appropriate public education in the least restrictive environment 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 did not agree with program offered by the District for the 2017-2018 school year. The Parents requested that the Student be placed at Ben Bronz Academy and Creative Development for the 2017-2018 school year at public expense. The Board refused the Parents’ request.
The Board received notice of the request for due process on October 4, 2017. An impartial hearing officer was appointed on October 6, 2017, and a pre-hearing conference was held on October 26, 2017. The parties attended a mediation session on December 4, 2017.
In an electronic transmission, the parties advised the hearing officer that the matter was resolved and a settlement agreement executed. The Parents’ attorney withdrew the matter with prejudice.
The mailing date for the Final Decision and Order is January 12, 2018.
FINAL DECISION AND ORDER:
THE MATTER IS DISMISSED WITH PREJUDICE.