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Special Education Law
DECISIONDismissedCT SDE Case No. 21-0127

Connecticut SDE Decision

October 27, 2020·Ann F. Bird

STATE OF CONNECTICUT

DEPARTMENT OF EDUCATION

Connecticut SDE Decision 21-0127

Case No. 21-0127

Board of Education and Student

Appearing on behalf of the Student: Parent, Pro Se

Appearing on behalf of the Board: Attorney Christine Chinni Chinni & Meuser, LLC 14 Station Street Simsbury, CT 06070

Appearing before: Attorney Ann F. Bird Hearing Officer

ISSUES:

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

1. Is the Board of Education’s proposed evaluation of the Student as planned at the meeting on October 30, 2019 appropriate?

2. If not, is the Student entitled to an Independent Educational Evaluation at public expense?

3. Should the Student be ordered to cooperate with and appear for the evaluation?

PROCEDURAL HISTORY:

The Board of Education initiated this special education due process case on September 14, 2020 and noted that Attorney Christine Chinni represented the Board of Education for the case. This Impartial Hearing Officer was assigned to the case on September 30, 2020. A Prehearing Conference was convened on October 14, 2020. The Student’s parent appeared on behalf of the Student but no one appeared on behalf of the Board of Education.

A second Prehearing Conference was convened on October 20, 2020. Again, the Student’s parent appeared on behalf of the Student but no one appeared on behalf of the Board of Education. Notices of both the first and the second prehearing conferences were sent via e-mail to Attorney Christine Chinni at her usual address. Neither was returned as undeliverable or otherwise.

The deadline for filing the final decision in this case is October 29, 2020.

The Board of Education has not prosecuted this matter with reasonable diligence.

FINAL DECISION AND ORDER:

The matter is dismissed for failure to prosecute.