STATE OF CONNECTICUT
DEPARTMENT OF EDUCATION
Student v. Norwalk Board of Education - CT SDE Case No. 19-0081
Case No. 19-0081
Student v. Norwalk Board of Education
Appearing on behalf of the Parent: Attorney Nora A. Belanger The Law Office of Nora A. Belanger, LLC 161 East Ave. Suite 104 Norwalk, CT 06851
Appearing on behalf of the Board: Attorney Marsha Belman Moses Berchem Moses, P.C. 75 Broad Street Milford, CT 06460
Appearing before: Melinda A. Powell, Esq.
ISSUES:
1. Whether the Student was denied FAPE for the 2017-2018 school year, in that:
a. the IEP failed to provide a comprehensive program to address the Student’s dyslexia, learning disabilities in reading writing and math, and speech and language disorder, including a 1:1 systematic, structured, research based reading and writing program; and/or
b. the IEP failed to provide appropriate speech and language services; and/or
c. appropriately trained and qualified staff were not available to meet the Student’s needs; and/or
d. the IEP was not implemented as written, appropriate progress was not made; and/or data collection on progress was insufficient?
2. Whether the Student was denied FAPE for ESY 2018 school year, in that:
a. the ESY program failed to provide a comprehensive program to address the Student’s dyslexia, learning disabilities in reading writing and math, and speech and language disorder, including a 1:1 systematic, structured, research based reading and writing program; and/or
b. the ESY program failed to provide appropriate speech and language services; and/or
c. appropriately trained and qualified staff were not available to meet the Student’s needs; and/or
d. the ESY data collection on progress was insufficient?
3. Whether the Student was denied FAPE for the 2018-2019 school year, in that:
a. the IEP failed to provide a comprehensive program to address the Student’s dyslexia, learning disabilities in reading writing and math, and speech and language disorder, including a 1:1 systematic, structured, research based reading and writing program; and/or
b. the IEP failed to provide appropriate speech and language services; and/or
c. appropriately trained and qualified staff were not available to meet the Student’s needs?
4. Whether the Board violated any procedural requirements, in that:
a. Meetings were scheduled and held when the Parents were unavailable; and/or
b. Parents were not appropriately recognized as part of the team; and/or
c. Opinions from outside experts were not appropriately considered by the team; and/or
d. Parents were not provided sufficient information regarding the program including staff qualifications?
5. Whether Eagle Hill is an appropriate placement for the 2018-2019 school year?
6. Whether the Parents are entitled to reimbursement for outside evaluations?
7. Whether the Parents are entitled to reimbursement for tutoring and speech services provided for the prior two years?
8. Whether the Parents are entitled to reimbursement for reading, tutoring and speech services for ESY 2018?
9. Whether the Parents are entitled to reimbursement for other related services and/or transportation?
10. Whether the Student is entitled to compensatory education or other appropriate remedy?
PROCEDURAL HISTORY/SUMMARY:
The Parent filed the Due Process Complaint and Request for Hearing on August 8, 2018. The Hearing Officer was appointed on August 9, 2018. A Prehearing Conference was held on September 13, 2018. The Parent filed an Amended Due Process Complaint and Request for Hearing on September 27, 2018, and a new mailing date was set to December 11, 2018. The Hearing Officer issued a Final Decision on October 25, 2018, which stated that the Parent had advised there was a settlement reached at mediation. On November 1, 2018, the Hearing Officer received a request to clarify the Final Decision, in that the requested withdrawal was with prejudice. The Hearing Officer confirmed that in the October 11, 2018 email, the Parent had requested a withdrawal with prejudice. Therefore, the decision is hereby reissued to so reflect.
FINAL DECISION AND ORDER:
In light of the above, the matter is DISMISSED.