Free Response - District Court of Connecticut - Connecticut

. · Case 3:02-cv-O219<2$WWE Document 75 Filed O8€_5§2005 Paget of 3 `
UNITED STATES DISTRICT COURT F E D! N
DISTRICT OF CONNECTICUT V I
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GREENWICH BOARD OF EDUCATION " - .g__ I
Defendant. :` i`= I · J.,
--------------------------------------------------------------- x August 11, 2005 I" "' ’ ‘‘ “ ‘
DEFENDANT’S BRIEF IN RESPONSE TO SURREPLY DATED JULY 28, 2005 ;
The defendant Greenwich Board of Education hereby responds to the _
plaintff’s Surreply dated July 28, 2005: i
The plaintiff received a free and appropriate education as a matter of
law and based on the record for the reasons defendant has already briefed at l
length. Plaintiff now argues in the most recent five-page brief that what he claims r
is a lack of “conclusive evidence of his success" immediately after high school
should somehow be construed to mean the defendant did not provide a free and
appropriate education to plaintiff in high school. Plaintiffs Surreply Memorandum `
of Law at pp. 2-4. Such an argument is astonishing in that it makes no logical or l
factual sense in a case where the plaintiff succeeded in graduating from high {
school, was employed at that time, and who now attends college. The argument
also flies in the face ofthe pIaintiff’s own testimony and admissions. l\/lr. Bruno
wanted to work to have some real world experiences before attending college.
Testimony of David Bruno, 07/31/O2, pp. 52-53. After graduation, he continued in


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C :02- -021 — WE D t 75 F`| d 08/1" 2005 Page 2 of 3
ase 3 cv ocumen i e {
A the job he had begun in April 2000, without job coaching or monitoring, and
sufficiently worked there full-time until 2000. l-le had other jobs thereafter.
Hearing Otficer's Final Decision and Order, p. 4, 1l9. The pIaintiff’s expert I
acknowledged David Bruno was capable of making the decision to gc to college I
A and was also capable of deciding to take a year off and work. Dr. Smaller =
testimony, 7/19/02, p. 154. There is no dispute that since August 26, 2002, [
David Bruno has been enrolled at Mitchell College, a fully—accredited, two—year
college. Hearing Officer’s Final Decision and Order, p. 5, 1l13.
THE DEFENDANT,
GREENWICH BOAR OF EDUCATION
¢- *
By: ,.
Valerie E. Maze
Federal Bar No. CT 14080 a
Law Department, Town Hall i
101 Field Point Road
Greenwich, CT 06836-2540
TeIephone:(203) 622-7878
Fax:(203) 622-3816
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Case 3:02-cv-0219@?Â¥VWE Document 75 Filed 08/(I 542005 Page 3 of 3
cERrn=icAnoN .
This is to certify that a copy of the foregoing has been sent postage prepaid I
on August 11, 2005 via first-class United States mail to: f
Lawrence W. Berliner, Esq.
KIebanoff& Phelan, P.C.
Corporate Center West
433 South Main Street, Suite 102 i
West Hartford, CT 06110. y
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V ie E. Maze
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