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Special Education Law
DECISIONDismissedCT SDE Case No. 19-0568

Student v. Salem Board of Education

STATE OF CONNECTICUT

DEPARTMENT OF EDUCATION

Student v. Salem Board of Education - CT SDE Case No. 19-0568

Case No. 19-0568

Student v. Salem Board of Education Appearing on behalf of the Parent: Courtney Spencer, Esq. Law Office of Courtney Spencer, LLC 100 Riverview Center, #120 Middletown, CT 06457

Appearing on behalf of the Board: Mark Sommaruga, Esq. Pullman & Comley, LLC 90 State House Square Hartford, CT 06103

Appearing before: Patrick L. Kennedy, Esq. Hearing Officer

ISSUES:

1. Did the Board offer an appropriate program for the 2019-20 school year including the 2019 ESY?

2. If not, is residential placement at Franklin Academy an appropriate program for the Student?

3. If the Board has not offered an appropriate program and Franklin Academy is appropriate, should the Board be ordered to place the Student residentially at Franklin Academy for the 2019-20 school year?

SUMMARY AND PROCEDURAL HISTORY:

Case 19-0568 was commenced by the Parents by request received by the Board on August 22, 2019. A prehearing conference was held on September 11, 2019. At the prehearing conference, a hearing date was set for October 2, 2019 and the decision date was determined to be November 5, 2019. The hearing was later cancelled.

On September 24, 2019, the undersigned hearing officer was advised by the Parents that the matter was being withdrawn and should therefore be dismissed without prejudice.

FINAL DECISION AND ORDER:

The matter is dismissed without prejudice.