The mission of the Connecticut Judicial Branch is to serve the interests of justice and the public by resolving matters brought before it in a fair, timely, efficient and open manner.

Administrative Appeal Law Supreme Court Opinion

by Roy, Christopher

 

SC20696 - Board of Education v. Commission on Human Rights & Opportunities (A was a student with disabilities enrolled in the John C. Daniels Interdistrict Magnet School of International Communication (John Daniels), a public school located in New Haven. His father, M, filed a complaint with the named defendant, the Commission on Human Rights and Opportunities (commission), alleging that the plaintiff, the Board of Education of the City of New Haven (board), had discriminated against A on the basis of his disabilities by unilaterally withdrawing him from the school. A human rights referee concluded that the board had discriminated against A on the basis of his disabilities and awarded damages of $25,000. The board appealed to the trial court, which dismissed the appeal. The board then filed this appeal, claiming that the trial court incorrectly determined that (1) the commission had subject matter jurisdiction to adjudicate A's claim, pursuant to General Statutes § 46a-58 (a), that the board had violated the Americans with Disabilities Act of 1990 (ADA), 42 U.S.C. § 12101 et seq.; (2) the commission had subject matter jurisdiction over A's claims when M failed to exhaust his administrative remedies pursuant to the Individuals with Disabilities Education Act (IDEA), 20 U.S.C. § 1400 et seq.; and (3) the issue of whether the referee had incorrectly concluded that a public school is a place of public accommodation for purposes of General Statutes § 46a-64 (a) was not reviewable. We reject the first two claims and conclude that the third claim is not reviewable. Accordingly, we affirm the trial court's judgment.")