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Divisions
Divisions > Special Education and Early Intervention > Complaint Investigation and Due Process Branch
Hearings - FY07 - 4th Quarter

(April 1, 2007 - June 30, 2007)

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 County Public Schools
07-H-BCNY-07483
4/3/2007
Parent/Guardian Disciplinary Procedures, FAPE
Decision Summary
____________
The parent filed a due process complaint regarding a suspension without a manifestation determination, and unlawful withdrawal from BCPS. The ALJ concluded that since the suspension was less than 10 days a manifestation determination was not required, therefore, this issue was dismissed. Regarding residency, the ALJ concluded that since the student is not a resident of Baltimore County, BCPS was not required to provide the student FAPE.

Public Agency OAH Case #
______________
Decision Date
Hearing Requested By Issues
Montgomery County Public Schools
*06-H-MONT-49751 6/14/2007 Parent/Guardian Identification/Evaluation/
Reevaluation
Decision Summary
____________
The ALJ concluded the student is not a student with a disability in need of special education and related services.

Appeal information:  US District Court Case #PJM-07-CV-2696


Public Agency OAH Case #
______________
Decision Date
Hearing Requested By Issues
Montgomery County Public Schools
*07-H-MONT-03892
5/14/2007
Parent/Guardian IEP Development/Review/Revision, Nonpublic Placement/Tuition Reimbursement
Decision Summary
____________
The ALJ concluded MCPS' failure to develop an appropriate IEP prior to the beginning of the school year impacted the student's right to a FAPE, therefore, ordered MCPS to reimburse the parents for the first semester of private school tuition expenses.

Appeal information:  US District Court Case #AW-07-CV-2405


Public Agency OAH Case #
______________
Decision Date
Hearing Requested By Issues
Montgomery County Public Schools
07-H-MONT-06177
5/21/2007
Parent/Guardian IEP Development/Review/Revision, Placement/LRE/complainant requesting more restrictive
Decision Summary
____________
The ALJ concluded the IEP and placement in a public separate day school proposed by MCPS could provide the student FAPE in LRE, therefore, denied the parents' request for reimbursement for placement in a residential facility.

Public Agency OAH Case #
______________
Decision Date
Hearing Requested By Issues
Montgomery County Public Schools
07-H-MONT-08555
4/16/2007
Parent/Guardian IEP Development/Review/Revision, Placement/LRE/complainant requesting more restrictive
Decision Summary
____________
Although the parent failed to appear, the hearing was held and the ALJ concluded the MCPS proposed placement in a public special education day school is the LRE to provide the student FAPE.

Public Agency OAH Case #
______________
Decision Date
Hearing Requested By Issues
Montgomery County Public Schools
07-H-MONT-11221
5/4/2007
Public Agency IEP Development/Review/Revision, Placement/LRE/complainant requesting more restrictive
Decision Summary
____________
The ALJ concluded the IEP and placement in a more restrictive environment is appropriate to provide the student FAPE in the LRE.


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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