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Special Education Law
DECISIONDismissedCT SDE Case No. 21-0031

Student v. Brookfield Board of Education

STATE OF CONNECTICUT

DEPARTMENT OF EDUCATION

Student v. Brookfield Board of Education - CT SDE Case No. 21-0031

Case No. 21-0031

Student v. Brookfield Board of Education

Appearing on behalf of the Student: Attorney Jennifer Laviano The Law Office of Jennifer Laviano, LLC 76 Route 37 South Sherman, CT 060784

Appearing on behalf of Newington BOE: Attorney Craig Meuser Chinni & Meuser, LLP 14 Station Street Simsbury, CT 06070

Appearing before: Melinda A. Powell, Esq.

ISSUES:

1. Did the District offer a free and appropriate public education (FAPE) for ESY 2020?

2. Did the District offer a free and appropriate public education (FAPE) for the 2020-2021 school year?

3. If the answer to #2 is “no”, should the Board place the Student at The Southport School for the 2020-2021 school year?

4. Should the District reimburse the parents for outside speech services?

5. Does the hearing officer have jurisdiction over the Rehabilitation Act claim?

6. Does the hearing officer have jurisdiction over the Americans with Disabilities Act claim?

PROCEDURAL HISTORY/SUMMARY:

The Parents filed their Due Process Complaint and Request for Hearing on July 28, 2020. The Hearing Officer was appointed on July 29, 2020. A Prehearing Conference was noticed for and held on August 26, 2020. On September 9, 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.