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Divisions
Divisions > Special Education and Early Intervention > Family Support and Dispute Resolution Branch > Hearing Decisions > 2015
Due Process Hearing Decisions - FY15 - 2nd Quarter

(October 1, 2014 - December 31, 2014)

In cases where MSDE has been informed that a hearing decision is being appealed in accordance with Section 615(i) of IDEA 2004, an asterisk (*) is placed next to the OAH Case #.  The civil or district court number of the case is provided when available.

Public Agency OAH Case #
______________
Decision Date
Hearing Requested By Issues
Baltimore City Public Schools
14-H-CITY-21690
10/16/2014
Parent/Guardian Nonpublic Placement/Tuition Reimbursement, IEP Implementation-accommodations, aids & services, modifications
Decision Summary
____________

The ALJ ruled on behalf of the school system and denied the parents' due process request and is denied in its entirety. As a result, he further denied the parents' request for reimbursement for the tuition costs that they incurred by their unilateral placement of the student in a nonpublic special education school.



Public Agency OAH Case #
______________
Decision Date
Hearing Requested By Issues
Baltimore County Public Schools
14-H-BCNY-25988
11/24/2014
Parent/Guardian IEP Implementation-Placement, Placement Determination, Nonpublic Placement/Tuition Reimbursement
Decision Summary
____________

The ALJ concluded that the student had been denied a FAPE and that the current IEP was not reasonably calculated to provide a FAPE. Therefore, the ALJ granted the parents' request that the local school system incur the cost of the student's nonpublic placement.

Baltimore County Public Schools 14-H-BCNY-34685 12/01/2014 Parent/Guardian IEP Development/Review/Revision
Decision Summary The ALJ concluded that the parents failed to prove that the local school system had prevented them from participating in the IEP process and, as a result, dismissed their due process complaint.


Public Agency OAH Case #
______________
Decision Date
Hearing Requested By Issues
Frederick County Public Schools
14-H-FRED-31192
10/30/2014
Parent/Guardian Placement Determination, IEP Implementation-Placement, Home and Hospital Teaching
Decision Summary
____________

The ALJ concluded that the school system developed a program to provide the student with a FAPE in a nonpublic placement and that the school system does not have the authority to provide the student with instruction in the home absent the required medical verification of need.



Public Agency OAH Case #
______________
Decision Date
Hearing Requested By Issues
Howard County Public Schools
14-H-HOWD-15722
10/22/2014
Parent/Guardian IEP Implementation-Placement, Nonpublic Placement/Tuition Reimbursement, Placement/LRE/complainant requesting less restrictive
Decision Summary
____________

The ALJ concluded that the student's program was reasonably calculated to provide the student with a FAPE. As a result, he further denied the parents' request for reimbursement for the tuition costs that they incurred by their unilateral placement of the student in a nonpublic special education school.



Public Agency OAH Case #
______________
Decision Date
Hearing Requested By Issues
Montgomery County Public Schools
14-H-MONT-21758
11/06/2014
Parent/Guardian IEP Progress Report, IEP Implementation-accommodations, aids & services, modifications, Transition Services Determination, IEP Implementation-classroom instruction
Decision Summary
____________

The ALJ concluded that the parent surrogate failed to prove that the student was denied a FAPE and failed to prove that the school system "wrongly required the student to graduate."

Montgomery County Public Schools 14-H-MONT-28521
12/29/2014
Parent/Guardian IEP Implementation-Placement
Decision Summary The ALJ concluded that the IEP developed was reasonably calculated to provide the student with a FAPE in his neighborhood school and as a result, denied the parents' request for an administrative transfer.


Public Agency OAH Case #
______________
Decision Date
Hearing Requested By Issues
Prince George's County Public Schools
14-H-PGEO-27568
10/31/2014
Parent/Guardian IEP Implementation-Placement, Nonpublic Placement/Tuition Reimbursement
Decision Summary
____________

The ALJ concluded that the student's program was reasonably calculated to provide the student with a FAPE. As a result, she denied the parents' request for reimbursement for the tuition costs that they incurred by their unilateral placement of the student in a nonpublic special education school.

Prince George's County Public Schools 14-H-PGEO-22633
12/09/2014
Parent/Guardian Identification/Evaluation/Reevaluation-Part B, IEP Development/Review/Revision, Placement Determination
Decision Summary The ALJ concluded that the student's program was reasonably calculated to provide the student with a FAPE. As a result, the ALJ denied the parent's request that the local school system place the student in a nonpublic school.

Contact Information
Division of Special Education/Early Intervention Services
Maryland State Department of Education
200 West Baltimore Street
Baltimore, MD 21201
Phone:  410-767-0238
Fax:  410-333-0664
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