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Special Education Law
DECISIONDismissedCT SDE Case No. 19-0622

Student v. Rocky Hill Board of Education

STATE OF CONNECTICUT

DEPARTMENT OF EDUCATION

Student v. Rocky Hill Board of Education - CT SDE Case No. 19-0622

Case No. 19-0622

Student v. Rocky Hill Board of Education

Appearing on behalf of the Student: Attorney Christina Ghio The Law Office of Christina Ghio, LLC P. O. Box 186 Cheshire, CT 06410

Appearing on behalf of the Board: Attorney Alyce Alfano Shipman & Goodwin LLP One Constitution Plaza Hartford, CT 06103

Appearing Before: Attorney Susan Dixon Hearing Officer

ISSUES:

1. Did the Rocky Hill Board of Education (“Board”) fail to provide a Free and Appropriate Public Education (“FAPE”) to Student for the 2017-18, 2018-19 and 2019-20 (including ESY) school years?

2. Should the Board have implemented the professional recommendations (and the suggested goals and objectives) from the various evaluators ( i. e. Dr. Foley, Dr. Lord-Bean and Ms. Greenwald) presented to the PPT meeting held on November 20, 2018, and would these recommendations meet the Student's unique needs for the 2019-20 school year?

3. Should the Board be required to provide compensatory education to Student in the areas of math and reading?

4. Should the Board reimburse the Parents for their out-of-pocket costs?

PROCEDURAL BACKGROUND:

The Student, represented by counsel, initiated this special education due process case on June 27, 2019. The Hearing Officer was assigned to the case on June 27, 2019. A Prehearing Conference was convened on July 11, 2019 which was attended by the Student's attorney and the Board's attorney. A hearing date was set for August 28, 2019 with the deadline for filing the final decision September 10, 2019. The parties thereafter moved to extend time for the hearing date to September 9, 2019, and extend the mailing date of the final decision to September 24, 2019, which was granted. On September 3, 2019, the parties requested an extension to finalize a settlement to a new hearing date of September 25, 2019 and set a new mailing date of October 16, 2019, which was granted. On September 18, 2019, the parties reported the matter was settled and the due process request was withdrawn by counsel for Student “with prejudice.”

FINAL DECISION AND ORDER:

The case is DISMISSED with prejudice.