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Special Education Law
DECISIONDismissedCT SDE Case No. 19-0449

Shelton Board of Education v. Student

STATE OF CONNECTICUT

DEPARTMENT OF EDUCATION

Shelton Board of Education v. Student - CT SDE Case No. 19-0449

Case No. 19-0449

Shelton Board of Education v. Student

Appearing on behalf of the Student: Attorney Nora Belanger Law Office of Nora Belanger, LLC 161 East Avenue, Suite 104 Norwalk, CT 06851

Appearing on behalf of the Board: Attorney Craig Meuser Chinni & Meuser LLC One Darling Drive Avon, CT 06001

Appearing Before: Attorney Susan Dixon Hearing Officer

ISSUES:

1. Are the Board's proposed evaluations of the Student for the triennial assessment appropriate?

2. If so, can the Board override the guardians' lack of consent for the proposed evaluations and conduct them without such consent?

PROCEDURAL BACKGROUND:

The Board filed this Request for a Due Process Hearing on March 29, 2019. The Hearing Officer was assigned on March 29, 2019. A Prehearing Conference was scheduled for April 2, 2019. On April 1, 2019, the Board became aware that the guardians had agreed to, and signed consent for, the evaluations requested by the District. The Board's attorney then notified the Bureau that, in light of the consent received, the issues are now moot and the Board withdraws the case without prejudice.

FINAL DECISION AND ORDER:

The case is DISMISSED without prejudice.