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Divisions
Divisions > Special Education and Early Intervention > Complaint Investigation and Due Process Branch
Due Process Hearing Decisions - FY08 - 4th Quarter

(April 1, 2008 - June 30, 2008)

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
Anne Arundel County Public Schools
*08-H-AARU-00835
4/9/2008
Parent/Guardian Tuition Reimbursement
Decision Summary
____________

The ALJ concluded the parents failed to give AACPS proper notice of their intention to enroll the student in a nonpublic school, therefore, denied the parents' request for tuition reimbursement.

Appeal information:  US District Court Case #PMJ08CV2057


Public Agency OAH Case #
______________
Decision Date
Hearing Requested By Issues
Anne Arundel County Public Schools
08-H-AARU-01841
4/28/2008
Parent/Guardian IEP Development/Review/Revision, Placement/LRE/complainant requesting less restrictive
Decision Summary
____________
The ALJ concluded the IEP and placement are appropriate to provide the student FAPE, therefore, denied the parent's request for a less restrictive placement.

Public Agency OAH Case #
______________
Decision Date
Hearing Requested By Issues
Baltimore County Public Schools
08-H-BCNY-03682
4/29/2008
Parent/Guardian Tuition Reimbursement
Decision Summary
____________
The ALJ concluded that since the student never received special education services from a public agency that the parent was not entitled to tuition reimbursement.

Public Agency OAH Case #
______________
Decision Date
Hearing Requested By Issues
Baltimore County Public Schools
08-H-BCNY-05278
4/25/2008
Parent/Guardian IEP Development/Review/Revision
Decision Summary
____________
The ALJ concluded the previous IEP did not provide the student FAPE, therefore, ordered BCPS to provide the student 2 months of compensatory education.

Public Agency OAH Case #
______________
Decision Date
Hearing Requested By Issues
Baltimore County Public Schools
08-H-BCNY-11653
5/28/2008
Parent/Guardian IEP Development/Review/Revision, Nonpublic Placement
Decision Summary
____________
The ALJ concluded the IEP and placement are appropriate to provide the student FAPE, therefore, dismissed the parent's complaint.

Public Agency OAH Case #
______________
Decision Date
Hearing Requested By Issues
Charles County Public Schools
08-H-CHAS-06318
5/27/2008
Parent/Guardian Identification/Evaluation/Reevaluation, IEP Development/Review/Revision, Independent Educational Evaluation Procedures, Placement/LRE/complainant requesting more restrictive
Decision Summary
____________
The ALJ concluded the parents failed to meet their burden of proof and dismissed the parents claims that CCPS failed to provide the student FAPE, that the CCPS failed to appropriately identify the student's disabilities, or that CCPS failed to appropriately evaluate the student.

Public Agency OAH Case #
______________
Decision Date
Hearing Requested By Issues
Montgomery County Public Schools
07-H-MONT-22839
4/9/2008
Parent/Guardian IEP Development/Review/Revision, Tuition Reimbursement
Decision Summary
____________
The ALJ concluded the IEP and placement were appropriate to provide the student FAPE, therefore, denied the parent's request for tuition reimbursement.

Public Agency OAH Case #
______________
Decision Date
Hearing Requested By Issues
Montgomery County Public Schools
08-H-MONT-06704
4/28/2008
Parent/Guardian Compensatory Services, Identification/Evaluation/Reevaluation, IEP Development/Review/Revision, Independent Educational Evaluation Procedures
Decision Summary
____________
The ALJ concluded MCPS did not deny the student FAPE by not identifying her as a student with a disability in need of special education services during the 2006-2007 SY, and that when she was identified as a student with a disability the following SY that the IEP was properly developed. The ALJ denied the parent's request for reimbursement for an independent educational evaluation, and also their request for compensatory services.

Public Agency OAH Case #
______________
Decision Date
Hearing Requested By Issues
Prince George's County Public Schools
08-H-PGEO-04319
4/18/2008
Parent/Guardian IEP Development/Review/Revision, Nonpublic Placement
Decision Summary
____________
The ALJ concluded the IEP and placement are appropriate to provide the student FAPE, therefore, denied the parent's request for nonpublic placement.

Public Agency OAH Case #
______________
Decision Date
Hearing Requested By Issues
Prince George's County Public Schools
08-H-PGEO-07874
4/28/2008
Parent/Guardian IEP Development/Review/Revision, Placement
Decision Summary
____________
The ALJ concluded the IEP and placement are appropriate to provide the student FAPE, and ordered the PGCPS to implement the IEP as written.


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