- - - - - - - - - - - - - - - - - - - - - -
 Divisions
  Overview
  Academic Policy
  Accountability and Assessment
  Business Services
  Career and College Readiness
  Certification and Accreditation
  Deputy Superintendent for Administration
  Early Childhood Development
  Information Technology
  Instruction
  Instruction and Academic Acceleration
  Leadership Development
  Library Services
  Office of the State Superintendent
  Rehabilitation Services
  Special Education and Early Intervention
     Overview
     Individuals With Disabilities Education Act
     Information
     Early Childhood Intervention and Education
     Individuals with Disabilities Education Improvement Act of 2004
     2007 Mod-MSA/HSA Procedures and Processes
     2008 Mod-MSA/HSA Procedures and Processes
     Audio Files: Building IEPs with Maryland Families - What a Great IDEA
     Audio Files: Procedural Safeguards 2008
     Audio Files: Understanding the Evaluation, Eligibility, and Individualized Eduation Program (IEP) Process in Maryland
     Complaint Investigation and Due Process Branch
        Hearing Decisions
        Complaint Letters
        Complaint Investigation & Due Process Branch
        Complaint Letters of Finding - Fiscal Year 2007
        Due Process Hearing Decision - FY08 - 3rd Quarter
        Due Process Hearing Decisions - Fiscal Year 2007
        Due Process Hearing Decisions - Fiscal Year 2008
        Due Process Hearing Decisions - Fiscal Year 2009
        Due Process Hearing Decisions - FY08 - 1st Quarter
        Due Process Hearing Decisions - FY08 - 2nd Quarter
        Due Process Hearing Decisions - FY08 - 4th Quarter
        Due Process Hearing Decisions - FY09 - 1st Quarter
        Due Process Hearing Decisions - FY09 - 2nd Quarter
        Due Process Hearing Decisions - FY09 - 3rd Quarter
        Due Process Hearing Decisions - FY09 - 4th Quarter
        Hearings - FY07 - 1st Quarter
        Hearings - FY07 - 2nd Quarter
        Hearings - FY07 - 3rd Quarter
        Hearings - FY07 - 4th Quarter
        Letters of Finding - FY07 - 1st Quarter
        Letters of Finding - FY07 - 2nd Quarter
        Letters of Finding - FY07 - 3rd Quarter
        Letters of Finding - FY07 - 4th Quarter
        Letters of Finding - FY08 - 1st Quarter
        Letters of Finding - FY08 - 2nd Quarter
        Letters of Finding - FY08 - 3rd Quarter
        Letters of Finding - FY08 - 4th Quarter
        Letters of Finding - FY09 - 1st Quarter
        Letters of Finding - FY09 - 2nd Quarter
        Letters of Finding - FY09 - 3rd Quarter
        Letters of Finding - FY09 - 4th Quarter
        State Complaint Letters of Finding - Fiscal Year 2008
        State Complaint Letters of Finding - Fiscal Year 2009
     Division Policy Guidance
     Fact Sheets
     Family Services and Interagency Initiatives
     IDEA
     Interagency Rates
     Special Education Administration Policy
     Special Services
     State Interagency Coordinating Council
     Student Achievement and Professional Development Branch
     TFC AND TFC-MF PROGRAMS
     Upcoming Events
  Student, Family, and School Support
Divisions
Divisions > Special Education and Early Intervention > Complaint Investigation and Due Process Branch
Due Process Hearing Decisions - FY09 - 1st Quarter
(July 1, 2008 - September 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-16568
7/14/2008
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 in the LRE, therefore, denied the parent's request for a less restrictive placement.

Public Agency OAH Case #
______________
Decision Date
Hearing Requested By Issues
Carrolll County
Public Schools
08-H-CRRL-14170 7/23/2008 Parent/Guardian IEP Development/Review/Revision, Tuition Reimbursement
Decision Summary
____________
The ALJ concluded the CCPS IEP was not appropriate to provide the student FAPE, and that the student's current placement in a nonpublic school is appropriate, therefore, granted the parents' request for tuition reimbursement.

Public Agency OAH Case #
______________
Decision Date
Hearing Requested By Issues
Howard County
Public Schools
08-H-HOWD-00055 8/28/2008 Parent/Guardian IEP Development/Review/Revision, Tuition Reimbursement
Decision Summary
____________
The ALJ concluded the student was denied FAPE during the 2005-2006 SY, therefore, granted the parent's request for compensatory services. The ALJ further concluded that the IEP drafted for the 2006-2007 SY was not appropriate to provide the student FAPE, but that the parent's failed to establish that nonpublic placement was appropriate, therefore, denied their request for tuition reimbursement.

Public Agency OAH Case #
______________
Decision Date
Hearing Requested By Issues
Howard County Public Schools
08-H-HOWD-12460 8/21/2008 Parent/Guardian IEP Content, IEP Development/Review/Revision
Decision Summary
____________
The ALJ concluded the IEP was written clearly, and that the student did not require the assistance of a one-to one-aid in order to receive a FAPE, therefore, denied the parent's request for an amendment to the IEP.

Public Agency OAH Case #
______________
Decision Date
Hearing Requested By Issues
Montgomery County Public Schools
08-H-MONT-00853 7/23/2008 Parent/Guardian IEP Development/Review/Revision, Tuition Reimbursement
Decision Summary
____________
The ALJ concluded the IEP and placement for the 2006-2007 school year was appropriate to provide the student FAPE, however, the 2007-2008 IEP was not appropriate, therefore, denied the parents' request for tuition reimbursement for the 2006-2007 school year, and granted the request for the 2007-2008 school year.

Public Agency OAH Case #
______________
Decision Date
Hearing Requested By Issues
Montgomery County Public Schools
08-H-MONT-06594 7/23/2008 Public Agency IEP Development/Review/Revision, Tuition Reimbursement
Decision Summary
____________
The ALJ concluded the IEP and placement for the 2006-2007 school year was appropriate to provide the student FAPE, however, the 2007-2008 IEP was not appropriate, therefore, denied the parents' request for tuition reimbursement for the 2006-2007 school year, and granted the request for the 2007-2008 school year.

Public Agency OAH Case #
______________
Decision Date
Hearing Requested By Issues
Montgomery County Public Schools
08-H-MONT-07417 8/11/2008 Parent/Guardia IEP Development/Review/Revision, Tuition Reimubursement
Decision Summary
____________
The ALJ concluded the proposed IEP was not completed in a timely manner, nor would it have provided the student FAPE, therefore, granted the parent's request for tuition reimbursement.

Public Agency OAH Case #
______________
Decision Date
Hearing Requested By Issues
Montgomery County Public Schools
08-H-MONT-11035 7/16/2008 Parent/Guardian IEP Development/Review/Revision, Tuition Reimbursement
Decision Summary
____________
The ALJ concluded the MCPS proposed IEP and placement are appropriate to provide the student FAPE, and also concluded the parents failed to provide MCPS with notice of their intention to enroll the student in a nonpublic school, therefore, not entitled to tuition reimbursement and the case was dismissed.

Public Agency OAH Case #
______________
Decision Date
Hearing Requested By Issues
Montgomery County Public Schools
08-H-MONT-12464 9/17/2008 Parent/Guardian IEP Development/Review/Revision, Tuition Reimbursement
Decision Summary
____________
The ALJ concluded the IEP and placement are 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-14444 9/17/2008 Public Agency IEP Development/Review/Revision, Tuition Reimbursement
Decision Summary
____________
The ALJ concluded the IEP and placement are 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-16493 7/24/2008 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 in the LRE, therefore, denied the parent's request for a less restrictive placement.

Public Agency OAH Case #
______________
Decision Date
Hearing Requested By Issues
Montgomery County Public Schools
08-H-MONT-18149 7/9/2008 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
Queen Anne's County Public Schools
08-H-QANN-13477 8/26/2008 Parent/Guardian IEP Development/Review/Revision, Tuition Reimbursement
Decision Summary
____________
The ALJ concluded the IEP is appropriate to provide the student FAPE, therefore, denied the parents' request for tuition reimbursement.

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
MSDE Privacy Statement Disclaimer  | Copyright © 2003 MSDE