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Special Education Law
DECISIONDismissedCT SDE Case No. 19-0125

Student v. Madison Board of Education

STATE OF CONNECTICUT

DEPARTMENT OF EDUCATION

Student v. Madison Board of Education - CT SDE Case No. 19-0125

Case No. 19-0125

Student v. Madison Board of Education

Appearing on behalf of the Parent: Pro Se

Appearing on behalf of the Board: Attorney Michelle Laubin Berchem Moses PC 75 Broad Street Milford, CT 06460

Appearing before: Laura Share, Esq. Hearing Officer

ISSUES:

1. Was the Board’s transition planning from 2015 to 2018 inappropriate (sophomore to senior year)?

2. Was the Board’s transition program for 2018 inappropriate?

3. If the Board’s transition program or planning was inappropriate:

a. Should the district be ordered to pay for a college-like transition program in the fall of 2018?

b. Should the district be ordered to pay for transportation to and from a college-like transition program in the fall of 2018?

c. Should the district be ordered to pay for books and other necessary learning materials for a college-like transition program in the fall of 2018?

d. Should the district be ordered to pay in full for a college-like program from early 2019 (the spring semester) until the end of 2022?

e. Should the district be ordered to pay for food and board at the college-like placement from 2019 to 2022?

f. Should the district be ordered to pay for all books and other learning materials at the college-like placement from 2019 to 2022?

g. Should the pro se parent be reimbursed for payments made to her advocate?

h. Should the Board be ordered to pay for psychological damage funds for private therapy for the student?

i. Should compensatory education be ordered for the student’s lack of education that occurred in and lack of planning beyond her senior year?

PROCEDURAL HISTORY/SUMMARY:

The Student initiated this special education due process case and this Impartial Hearing Officer was assigned to this case on 9/7/18. A Prehearing Conference was convened on 9/21/18. The pro se parent appeared with the assistance of her advocate and Attorney Laubin appeared on behalf of the Board of Education. It was established that the deadline for filing the final decision in this case was 11/21/18. An evidentiary hearing commenced as scheduled on 11/8/18.

On 11/12/18, the pro se parent requested an extension of the mailing date to accommodate the hearing schedule.

On 11/19/18, the deadline for filing the final decision in this case was extended to 12/21/18 to allow the parties time for mediation and to accommodate the hearing schedule.

On 12/11/18, Attorney Laubin and the pro se parent requested a second extension of the mailing date to accommodate the pro se parent’s work schedule and to provide her with sufficient time to consult with an attorney regarding the proposed settlement. On 12/11/18, said request was granted and the deadline for filing the final decision in this case was extended to 1/18/19.

On 1/16/19, the pro se parent requested a third extension of the mailing date deadline to accommodate a prospective placement. On 1/21/19, said request was granted, the mailing date of decision deadline was extended to 2/15/19, and the second hearing was scheduled for 2/12/19.

Due to inclement weather, the hearing scheduled for 2/12/19 was cancelled and the parent’s advocate requested an extension of the mailing date of decision deadline to accommodate the hearing schedule. On 2/19/19, said request was granted, the mailing date of decision deadline was extended to 3/15/19, and the second hearing was scheduled for same date.

On 3/14/19, the pro se parent reported to the Hearing Officer that she would like to withdraw the subject due process complaint with prejudice.

ORDER:

The matter is DISMISSED with prejudice.