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Special Education Law
DECISIONDismissedCT SDE Case No. 21-0005

Student v. Newington Board of Education

STATE OF CONNECTICUT

DEPARTMENT OF EDUCATION

Student v. Newington Board of Education - CT SDE Case No. 21-0005

Case No. 21-0005

Student v. Newington Board of Education

Appearing on behalf of the Student: Attorney Penelope Petzold Law Office of Penelope Petzold, LLC 45 Elizabeth Street Hartford, CT 06106

Appearing on behalf of Newington BOE: Attorney Rebecca Santiago Shipman & Goodwin, LLP One Constitution Plaza Hartford, CT 06460

Appearing before: Melinda A. Powell, Esq.

ISSUES:

1. Did the Board offer FAPE for the 2018 extended school year?

2. Did the Board offer FAPE for the 2018-19 school year, including the 2019 extended school year?

3. Did the Board offer FAPE for the 2019-20 school year, including the 2020 extended school year?

4. Did the Board offer FAPE for the 2020-21 school year?

5. If the answer to #4 is “no”, is placement at IEA the appropriate program for the student for the 2020-21 school year and should the Board be ordered to place the Student at IEA for the 2020-21 school year?

6. Is the Student entitled to compensatory education as a remedy?

7. Are the parents entitled to reimbursement for the diagnostic and prescriptive instruction provided by Sharon Wolf?

PROCEDURAL HISTORY/SUMMARY:

The Parents filed their Due Process Complaint and Request for Hearing on June 30, 2020. The Hearing Officer was appointed on July 8, 2020. A Prehearing Conference was noticed for and held on August 14, 2020. On August 25, 2020, via email, the Attorney for the 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.