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Special Education Law
DECISIONDismissedCT SDE Case No. 20-0193

Student v. New Haven Board of Education

STATE OF CONNECTICUT

DEPARTMENT OF EDUCATION

Student v. New Haven Board of Education - CT SDE Case No. 20-0193

Case No. 20-0193

Student v. New Haven Board of Education

Appearing on behalf of the Parent: Nhi Tran, Esq. New Haven Legal Assistance Association, Inc. 205 Orange Street New Haven, CT 06510

Appearing on behalf of the Board: Michelle Laubin, Esq. Berchem Moses, PC 75 Broad Street Milford, CT 06460

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

ISSUES:

1. Did the District deprive the Student of FAPE for the 2018-19 school year by failing to offer an appropriate program?

2. Did the District deprive the Student of FAPE for the 2019-20 school year by failing to offer an appropriate program?

3. Did the District deprive the Student of FAPE by denying the Parent’s request for a BCBA consult and observation?

4. If there has been a deprivation of FAPE, what remedies should be ordered?

SUMMARY AND PROCEDURAL HISTORY:

Case 20-0193 was commenced by the Parents by request received by the Board on October 29, 2019. A prehearing conference was held on November 18, 2019. At the prehearing conference, a hearing date was set for January 9, 2020 and the decision date was determined to be January 10, 2020. The hearing date was later cancelled and the decision date extended to February 11, 2020.

On February 10, 2020, the undersigned hearing officer was advised by the attorney for the Parents that the matter was being withdrawn without prejudice.

FINAL DECISION AND ORDER:

The matter is dismissed without prejudice.