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Special Education Law
RULINGCT SDE Case No. 20-0479

Student v. New Britain Board of Education

STATE OF CONNECTICUT

DEPARTMENT OF EDUCATION

Student v. New Britain Board of Education - CT SDE Case No. 20-0479

Case No. 20-0479

Student and New Britain Board of Education

Appearing on behalf of the Student: Guardians, Pro Se

Appearing on behalf of the Board: Attorney Christopher Tracey Shipman & Goodwin LLP 300 Atlantic Street Stamford, CT 06901-3522

Appearing before: Attorney Ann F. Bird Hearing Officer

ISSUES:

The following issues have been identified for determination at the hearing:

1. Did the Board of Education deny the Student a Free Appropriate Public Education between June 12, 2018 and June 30, 2019?

2. If the Board of Education denied the Student a Free Appropriate Public Education between June 12, 2018 and June 30, 2019, is the Student entitled to compensatory education?

3. If the Board of Education denied the Student a Free Appropriate Public Education between June 12, 2018 and June 30, 2019, should the Student be placed at a private program?

4. Is the Student entitled to a comprehensive Independent Education Evaluation?

5. Is the Student entitled to a comprehensive Independent Speech and Language Evaluation?

6. Is the Student entitled to other evaluations?

PROCEDURAL HISTORY:

The Student initiated this special education due process case on June 12, 2020. This Impartial Hearing Officer was assigned to the case on June 17, 2020. A Prehearing Conference was convened on July 22, 2020. Attorney Piper Paul appeared on behalf of the Student and Attorney Christopher Tracey appeared on behalf of the Board of Education. It was established that the deadline for filing the final decision in this case was August 26, 2020. An evidentiary hearing via Zoom was scheduled for August 21, 2020.

It was further agreed that the Board of Education would file a Motion to Strike and/or Dismiss on or before July 31, 2020 and that the Student would have until August 7, 2020 to file Opposition to the Board of Education’s Motion.

On July 24, 2020, Attorney Paul gave notice that she was no longer representing the Student in this matter. On July 31, 2020, the Board of Education filed a Motion to Dismiss the matter. On August 7, 2020 and August 8, 2020, the Student requested that the matter be withdrawn or dismissed. The Student did not file Opposition to the Board’s Motion to Dismiss.

FINAL DECISION AND ORDER:

The Student’s request is granted and the matter is dismissed.