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Special Education Law
DECISIONDismissedCT SDE Case No. 19-0497

Student v. Colchester Board of Education

STATE OF CONNECTICUT

DEPARTMENT OF EDUCATION

Student v. Colchester Board of Education - CT SDE Case No. 19-0497

Case No. 19-0497

Student v. Colchester Board of Education

Appearing on behalf of the Parent: Courtney Spencer, Esq. Law Office of Courtney Spencer, LLC 100 Riverview Center, Suite 120 Middletown, CT 06457

Appearing on behalf of the Board: Susan Freedman, Esq. Shipman & Goodman, LLP One Constitution Plaza Hartford, CT 06103

Appearing before: Sylvia Ho, Esq. Hearing Officer

ISSUES:

1. Did the Board provide appropriate programs for the two years prior to the filing of the Due Process Complaint?

2. Did the Board offer an appropriate program for the 2019-2020 school year?

3. If not, is placement at Ben Bronz Academy appropriate?

4. If so, should the Board be ordered to financially support placement at Ben Bronz Academy?

PROCEDURAL HISTORY/SUMMARY:

The Parents filed the Due Process Complaint and Request for Hearing on April 26, 2019. The Hearing Officer was appointed on April 29, 2019 and conducted a Prehearing Conference on May 20, 2019. The hearing was scheduled for June 27, 2019. The Parents filed an Amended Hearing Request on May 20, 2019 and asked for a postponement of the first day of the hearing to mediate the dispute. This was allowed and the Hearing Officer extended the mailing date to September 3, 2019 and postponed the hearing to August 21, 2019. On August 19, 2019, the Parents withdrew the Hearing Request without prejudice.

FINAL DECISION AND ORDER:

The matter is DISMISSED.