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DATE
VIA FACSIMILE (860-807-2049)
AND US MAIL
Theresa DeFrancis, Esq.
Due Process Unit
Bureau of Special Education and Pupil Services
State Department of Education
25 Industrial Park Road
Middletown, CT 06457-1543
Re: NAME (DOB 00/00/00)
ADDRESS
To Whom It May Concern:
I am writing, on behalf
of STUDENT NAME and his mother, PARENT NAME, to request a due process
hearing. STUDENT is an 8th grade student attending SCHOOL NAME in
CITY. Despite PPT meetings on June 5, 2003 and June 18, 2003, we
have failed to reach agreement with the school.
The student and his parent
complain that STUDENT has been denied a free appropriate public
education as required by the Individuals with Disabilities Education
Act in that:
1. SCHOOL DISTRICT NAME
failed to refer the student for evaluations for special education
and related services in accordance with 20 USC § 1412 and Conn.
Agencies Regs. § 10-76d-7 despite the following indicators for referral:
2. student's attendance
has been unsatisfactory since 1st grade (1994-1995 school year);
3. student's academic
progress has been unsatisfactory since 2nd grade (1995-1996 school
year);
4. student was retained
in 5th grade and passed by exception in 3rd grade and 7th grade;
5. student scored Level
1, requiring intervention, on both Reading and Writing on Grade
6 Connecticut Mastery
Test; and 6. 7th grade teacher indicated in Section IV of the
cumulative record that he or she "recommend[ed] for testing for
Sept. 1.[2002]"
1. SCHOOL DISTRICT NAME
has failed to provide appropriate evaluations in accordance with
20 U.S.C. § 1414 and Conn. Agencies Regs. § 10-76d-9 in that:
2. the school has refused
to complete a neuropsychological evaluation;
3. the school has refused
to provide a trial placement for diagnostic purposes to assess
STUDENT's needs, in accordance with Conn. Agencies Regs. § 10-76d-14(b);
4. the school offered
to complete a psychiatric assessment, but refused to provide such
evaluation by a bilingual psychiatrist, instead offering to use
an interpreter; and
5. the school completed
a psychological evaluation in December 2002, which it now indicates
was not performed in the child's dominant language.
(3) SCHOOL DISTRICT
NAME has failed to provide an individualized education plan, program,
or placement that meets the student's needs, in violation of 20
U.S.C. § 1414 and Conn. Agencies Regs. § 10-76d-11, 10-76d-14,
and 10-76d-16;
The student proposes
the following resolution:
a complete neuropsychological
evaluation, conducted by NAME OF DOCTOR, a neuropsychologist who
is bilingual (Spanish and English) and has expertise in bi-lingual
assessments;
a trial placement for
diagnostic purposes at the NAME OF SCHOOL, to comply with Conn.
Agencies Regs. § 10-76d-14(b);
the neuropsychologist
and trail placement will work in conjunction with each other to
ensure a comprehensive evaluation of STUDENT's functional abilities;
the functional impact of auditory processing; and the relationship
between language difficulties, organization, sleep arousal, emotional
status, social interactions, and internal speech;
compensatory education,
the details of which would be determined by a PPT following completion
of the requested evaluations; and
the parties would agree
that due process is available to the student should there be a dispute
about the details of compensatory education.
The student requests
mediation. This request has been discussed with ATTORNEY FOR SCHOOL
DISTRICT and she indicated that the school is willing to participate
in mediation.
Sincerely,
ATTORNEY NAME
Attorney for the Child
Cc: NAME, Principal,
SCHOOL DISTRICT NAME, Staff Developer, SCHOOL DISTRICT Board of
Education NAME, ATTORNEY FOR SCHOOL DISTRICT STUDENT NAME
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