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Special Education Law
DECISIONDismissedCT SDE Case No. 20-0221

Student v. Clinton Board of Education

STATE OF CONNECTICUT

DEPARTMENT OF EDUCATION

Student v. Clinton Board of Education - CT SDE Case No. 20-0221

Case No. 20-0221

Student v. Clinton Board of Education

Appearing on behalf of the Student: Attorney Gerry McMahon The Law Offices of Gerry McMahon, LLC 100 Mill Plain Road, 3rd Floor Danbury, CT 06811

Appearing on behalf of Newington BOE: Attorney Julia Wilde Shipman & Goodwin, LLP One Constitution Plaza Hartford, CT 06103

Appearing before: Melinda A. Powell, Esq.

ISSUES:

1. Whether the Board provided FAPE for the 2017-2018 school year and ESY 2018?

2. Whether the Board provided FAPE for the 2018-2019 school year and ESY 2018?

3. Whether the Board provided FAPE for the 2019-2020 school year?

4. Whether the Board violated any of the surrogate parent’s procedural rights during the 2018- 2019 school year?

5. Whether the Board violated any of the surrogate parent’s procedural rights during the 2019- 2020 school year?

6. Whether the Student should be placed at Cedarhurst Academy for the 2019-2020 school year?

7. Whether the Student is entitled to compensatory education as a remedy and if so, for how long?

PROCEDURAL HISTORY/SUMMARY:

The Parents filed their Due Process Complaint and Request for Hearing on November 18, 2019. The Hearing Officer was appointed on November 19, 2019. Case 20-221 was consolidated into Case 20-0418. A Prehearing Conference was noticed for and held on July 24, 2020. Hearings were held on March 6 and March 10, 2020. On September 14, 2020, via email, the Attorney for the /20-418 parents withdrew their request for a Due Process Hearing based on the settlement of this matter and requested that it be dismissed with prejudice.

FINAL DECISION AND ORDER:

In light of the above, the matter is DISMISSED.