Connecticut State Department of Education

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Final Decision and Order 25-0614

August 15, 2025

Enfield Board of Education vs Student

Appearing on behalf of Parent:

Jennifer Laviano, Esq
Laviano & Gagne, LLC
76 Route 37 South
Sherman, CT 06784

Appearing on behalf of the Board of Education:

Christine Chinni, Esq
Chinni & Associates
14 Station Street
Simsbury, CT 06070

Appearing before:

Patrick L. Kennedy, Esq.
Hearing Officer

Issues:

1.  Was the District’s neuropsychological evaluation appropriate?

Summary and Procedural History:

Case 25-0509 was commenced by the District on March 26, 2025. A prehearing conference was held on June 2, 2025. At the prehearing conference, a hearing date was set for September 5, 2025 and the decision date was determined to be May 9, 2025. The decision date was later extended to August 8, 2025.1

On July 29, 2025, the undersigned hearing officer was advised by the attorney for the District that the matter was being withdrawn with prejudice.2

Final Decision and Order:

The matter is dismissed with prejudice.

Subsequent Revision to Order:

The attorney for the Parents has, subsequent to the issuance of the original decision above, informed the Hearing Officer that the attorney for the District has not been cooperative in efforts to reduce the mediated agreement to writing or to provide the independent evaluation which was called for in the agreement in principle. Therefore, the District is ordered to provide an independent neuropsychological evaluation with a provider of the Parents’ choosing within 30 days of this issuance of this order.

Notes

  1. Prior to the PHC, the mailing date was extended to June 9, 2025. A further interim extension was given to July 9, 2025. ↩

  2. Both parties sent emails representing that an agreement had been reached at mediation but that it had not been written up at this time. The undersigned Hearing Officer reserves the right to amend this Final Decision and Order to specifically order the District to provide the IEE if it is brought to the Hearing Officer’s attention that the District has failed to cooperate in completing the agreement within a reasonable time. ↩