Free Statement of Material Facts - District Court of Connecticut - Connecticut

J I Case 3:02-cv-O219€%VWE Document 39 Filed O9/2952004 Page 1 of 3
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p DISTRICT OF CONNECTICUT
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DAVID BRUNO : CIVIL ACTION NO. — I *
: 3: 02CV2192 (WWE)
Plaintiff :
v. E
GREENWICH BOARD OF EDUCATION
Defendant .
————-—-——--------------——-—------------—----——--——-----—--——--- X September 28, 2004
DEFENDANT GREENWICH BOARD OF EDUCATION’S
SUPPLEMENT TO LOCAL RULE 56(a)(2) STATEMENT
In light of the Court granting the pIaintiff's motion for additional evidence,
the defendant, Greenwich Board of Education, hereby amends its response to ‘|l V
6 of the Plaintiff’s Statement of Material Facts Not In Dispute in Support of I
Plaintiffs Motion for Summa Jud ment dated June 1, 2004. In addition, the I
I
Board makes a technical correction to its response to '|l2:
I
2. Admitted in part, denied in part. Asperger’s Syndrome is not an
IDEA identification and the plaintiff was not so identified for IDEA purposes.
Testimony by Jennifer Benoit, September 5, 2002 pp. 199 - 203. ADHD is not an
IDEA identification. Defendant admits that in 1993 he was identified as a student
in need of special education and related services. The balance of the allegations
of 1I2 is [denied| .
Without waiving its objection that 1l6 does not constitute a concise fact or a
material fact for purposes of Local Rule 56(a)(1), defendant responds
supplementally as follows to {[6.
6. Admitted in part, denied in part. The defendant admits that the
.American Psychiatric Association has characterized the essential features of
.Asperger’s Syndrome but denies that the characterization contained in paragraph


{ Case 3:02-cv-O219€\§IWE Document 39 Filed 09/@004 Page 2 of 3
' · 6 is accurate in important respects. For example, the DSMIV characterization
| states that the essential features of the impairment are "severe and sustained"
i _ impairment in social interaction notjust "an impairment." In addition, according to
( the DSMIV characterization, the disturbance "must cause clinically significant
impairment in social, occupational, or other important areas of functioning;"
however, according to the DSM-IV characterization there are "no clinically
significant delays in language" and "there are no clinically significant delays in
cognitive development or in the development of age-appropriate self-help skills, 5
adaptive behavior (other than in social interaction) and curiosity about the
environment in chiIdhood." Defendant admits that the DSMIV characterization
indicates that, in the vast majority of cases, the duration of the disorder is
lifelong. See Plaintiffs Appendix to Memorandum of Law In support of Motion for
Summary Judgment, DSM—IV, §299.80
Defendant admits that the American Psychiatric Association has characterized
ADHD but denies that the characterization contained in paragraph 6 is accurate
in important respects. The DSMIV characterization indicates, among other things,
features that include a persistent pattern of inattention and/or hyperactivity-
impulsivity "that is more frequent and severe than is typically observed in
individuals at a comparable level of development" and that "some impairment
from the symptoms must be present in at least two settings" and "there must be
clear evidence of interference with developmentally appropriate social, academic,
or occupational functioning? Defendant admits that the DSMIV characterization
indicates inattention may be manifest in academic, social and occupational
situations. See Plaintiff’s Appendix to Memorandum of Law In Support of Motion
for Summary Judgment, DSM-lV
DEFENDANT,
GREENWICH BOARD OF EDUCATION
\ .- .
By:
Valerie E. Maze
Federal Bar No. CT 14080 I
Law Department, Town Hall l
101 Field Point Road
Greenwich, CT 06836-2540
Te|ephone:(203) 622-7878;
Fax (203) 622-3816
l
2 l

{ Case 3:02-cv-O219?\/YWE Document 39 Filed 09/@772004 Page 3 of 3
N _ CERTIFICATION I
This is to certify that a copy of the foregoing has been sent postage
prepaid via first-class United States mall on September 28, 2004 to:
Lawrence W. Berliner, Esq.
Klebanoff& Phelan, P.C.
Corporate Center West
433 South Main Street, Suite 102
West Hartford, CT 06110 ff,
X ,/
Valerie E. |Vlaze;f“"
3
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