STATE OF CONNECTICUT
DEPARTMENT OF EDUCATION
Student v. Coventry Board of Education - CT SDE Case No. 18-0548
Case No. 18-0548
Student v. Coventry Board of Education
APPEARING FOR PARENT(S): Attorney Piper Paul Law Office of Piper Paul, LLC 1465 Post Road East Westport, CT 06880
APPEARING FOR BOARD: Attorney Alyce Alfano Shipman & Goodman, LLC One Constitution Plaza Hartford, Connecticut 06103
Appearing before: Jane Ford Shaw, Esq. Hearing Officer
ISSUES:
1. Did the Board violate 20 U.S. C. Section 1412(a)(3)(A); 34 CFR Section 300.111 and Regulations of Connecticut State Agencies (“RSCA”) Section 10-76d-6(a) by failing to seek out, identify, locate and evaluate Student prior to the PPT conducted on April 30, 2018.
2. Did the Board violate the Student’s rights under the Individuals with Disabilities Education Act (“IDEA”) by denying Student a free appropriate public education (“FAPE”) for the 2015-16 school year, including ESY commencing April 20, 2016?
3. If the Board did not provide Student FAPE for 2015-16 school year commencing April 20, 2016 and including ESY, is Options the appropriate program?
4. If the Board did not provide Student FAPE for 2015-16 school year commencing April 20, 2016 and including ESY, should Student be reimbursed for the tuition and related expenses of Options?
5. Did the Board violate the Student’s rights under IDEA by denying Student a FAPE for the 2016-17, 2017-18 school years, including ESY?
6. If the Board did not provide Student FAPE for 2016-17, 2017-18 school years, including ESY, is Options the appropriate program?
7. If the Board did not provide Student FAPE for 2016-17, 2017-18 school year including ESY, should Student be reimbursed for the tuition and related expenses of Options?
8. Did the Board violate the Student’s rights under IDEA by failing to offer Student FAPE for the 2018-19 school year, including ESY?
9. If the Board did not offer Student FAPE for 2018-19 school years, including ESY, is Options the appropriate program?
10. If the Board did not offer Student FAPE for 2018-19 school year including ESY, should Student be reimbursed for the tuition and related expenses of Options?
11. Is Student entitled to compensatory damages?
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 June 25, 2018. The Hearing Officer was appointed on June 29, 2018. A prehearing conference was notice for July 18, 2018. The parents withdrew their complaint with prejudice on August 7, 2018.
FINAL DECISION AND ORDER:
The matter is DISMISSED with prejudice.