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Special Education Law
DECISIONDismissedCT SDE Case No. 18-0300

Student v. East Hartford Board of Education

STATE OF CONNECTICUT

DEPARTMENT OF EDUCATION

Student v. East Hartford Board of Education - CT SDE Case No. 18-0300

Case No. 18-0300

Student v. East Hartford Board of Education Case No.18-0300

APPEARING FOR PARENT(S): Attorney Amy Corbett Dion Greater Hartford Legal Aid 999 Asylum Avenue 3rd Floor Hartford, Connecticut 06105-2465 Email: adion@ghla.org

APPEARING FOR BOARD: Attorney Benjamin Frazzini-Kendrick Shipman & Goodman One Constitution Plaza Hartford, Connecticut 06103 Email: bfrazzinikendrick@goodwin.com

Appearing before: Jane Ford Shaw, Esq. Hearing Officer

ISSUES:

1. Did the Board deny Student a Free and Appropriate Public Education (“FAPE”) for the 2015-16 school year commencing January 2016, including related services and ESY?

2. Did the Board deny Student FAPE for the 2016-17 school year including related services and ESY?

3. Did the Board deny Student FAPE for the 2017-18 school year including related services and ESY?

4. If the Board did not provide and/or offer the Student FAPE for the school years of 2015- 16 commencing in January 2016, 2016-17 and 2017-18, is Ben Bronz Academy the appropriate program and if so, should the Student be placed in the Ben Bronz Academy by order of the Hearing Officer?

5. Is compensatory education an appropriate remedy?

PROCEDURAL HISTORY/SUMMARY:

The student is entitled 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 Statutes § 10-76a et seq.

The parents filed the Due Process Hearing Complaint on January 30, 2018. The Hearing Officer was appointed on January 31, 2018. A prehearing conference was held on February 12, 2018. A Hearing date of March 20, 2018, April 4, 2018 and April 6, 2018 were scheduled. The March 20, 2018 hearing was cancelled. The parents withdrew their complaint with prejudice.

FINAL DECISION AND ORDER:

The matter is DISMISSED with prejudice.