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Special Education Law
DECISIONDismissedCT SDE Case No. 20-0080

Student v. Region #7 Board of Education

STATE OF CONNECTICUT

DEPARTMENT OF EDUCATION

Student v. Region #7 Board of Education - CT SDE Case No. 20-0080

Case No. 20-0080

Student v. Region #7 Board of Education

Appearing on behalf of the Student: Attorney Jennifer Laviano Law Offices of Jennifer Laviano, LLC 76 Route 37 South Sherman, CT 06784

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

Appearing Before: Attorney Susan Dixon Hearing Officer

ISSUES:

1. Did the Region #7 Board of Education deny Student a Free and Appropriate Public Education (“FAPE”) for the 2017-2018, 2018-2019, and 2019-2020 school years, including related services and ESY?

2. Did the Board deny Student FAPE by determining that Student's educational and transition needs were met by the end of the 2018-2019 school year, and recommending graduation and exiting from special education and related services; and not maintaining a continuum of appropriate alternative placements for Student?

3. Is the Student entitled to compensatory education as an equitable remedy, in addition to the legal remedies for the FAPE denials for 2017-2018 through 2019-2020?

4. Did the Board violate Student's and his Parents' procedural safeguards in the Board's communications, meetings, notices and other interactions with Student and Parent?

PROCEDURAL BACKGROUND:

The Parent filed this Request for a Due Process Hearing on August 21, 2019. The Hearing Officer was assigned on August 22, 2019. A Prehearing Conference was scheduled and held on August 27, 2019. At the conference, a hearing date of October 9, 2019 was established, and the mailing date for the final decision of November 4, 2019. The parties' counsel requested an extension of time, in order to finalize a settlement, which was granted, which extended the hearing date to October 30, 2019 and decision mailing date to November 29, 2019. Counsel for the Student requested a subsequent short extension which was granted on October 25, 2019, to allow for signatures to be completed on their settlement agreement. The hearing date was extended to November 13, 2019 and the decision mailing date to December 10, 2019. On November 7, 2019, counsel reported that the settlement was fully executed and counsel for the student withdrew the request for due process with prejudice. Accordingly, the matter is dismissed with prejudice.

FINAL DECISION AND ORDER:

The case is DISMISSED with prejudice.