STATE OF CONNECTICUT
DEPARTMENT OF EDUCATION
STUDENT v. DARIEN BOARD OF EDUCATION - CT SDE Case No. 23-0171
Case No. 23-0171
December 12, 2022 CASE NUMBER: 23.0171
STUDENT v. DARIEN BOARD OF EDUCATION
Appearing on behalf of the Student: Student
Appearing on behalf of the Board: Andreana Bellach, Esq. Shipman & Goodwin, LLP One Constitution Plaza Hartford, Connecticut 06103
Appearing on behalf of the Conservator of the Person and Estate for the Student: Piper Paul, Esq. 500 Post Road East #239 Westport, Connecticut 06880
Appearing before: Jane Ford Shaw, Hearing Officer
DISMISSAL
PROCEDURAL HISTORY/SUMMARY
The Student submitted a request for due process to the State of Connecticut on October 24, 2022 This Impartial Hearing Officer was assigned to determine the case on October 24, 2022. The Board of Education filed a Motion to Dismiss in response to the Student’s request for due process on November 1, 2022 on the grounds that the Student lacks standing to make educational decisions, including filing a due process complaint. In support of its motion, the Board cited an order issued by the State of Connecticut Probate Court for the District of Norwalk-Wilton appointing Attorney J. Hogan Love as Conservator of the Estate and Person (hereinafter "Conservator") for the Student. On November 3, 2022 a prehearing conference was held. Counsel for the Board, Counsel for the Conservator, and the Conservator for the Student appeared. The Student did not appear. Through Counsel, the Conservator represented to this Hearing Officer that he did not participate or file the present complaint and concurs with the Board's Motion to Dismiss.
ORDER
The request for due process filed by the Student is hereby dismissed with prejudice for lack of standing. On August 23, 2022 the State of Connecticut Probate Court for the District of Norwalk-Wilton issued an order appointed a conservator of the person and the estate for the Student. In its findings, the Court specifically cited the Student's inability to make independent educational decisions. The Conservator represented to this Hearing Officer that he did not file or participate in the filing of the due process complaint. Accordingly, the Student lacked standing to file said complaint.
The Student’s Request for Due Process is hereby DISMISSED with prejudice.
BY: /s/ Jane Ford Shaw Hearing Officer Jane Ford Shaw 10 Sasco Hill Road Fairfield Connecticut 06824 hearingofficershaw@gmail.com