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Divisions
Divisions > Special Education and Early Intervention > Complaint Investigation and Due Process Branch > Hearing Decisions > 2004
Fourth Quarter 2004
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| Public Agency |
OAH Case #
______________ |
Decision Date |
Hearing Requested By |
Issues |
| Anne Arundel County Public Schools |
04-H-AARU-08412 |
4/30/2004 |
Parent/Guardian |
Appropriateness of IEP, Nonpublic Tuition Reimbursement |
Decision Summary
____________ |
The ALJ concluded the IEP is appropriate and provides the student FAPE in LRE, therefore, the parent's request for nonpublic tuition reimbursement was denied. |
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 |
04-H-AARU-22576 |
6/14/2004 |
Public Agency |
Consent for Assessments |
Decision Summary
____________ |
The parent received proper notice of the hearing, however, failed to appear. The ALJ concluded that AACPS established that additional assessments are warranted, therefore, granted AACPS permission to perform the assessments without parental consent. |
| Public Agency |
OAH Case #
______________ |
Decision Date |
Hearing Requested By |
Issues |
| Baltimore City Public School System |
04-H-CITY-15837 |
5/28/2004 |
Parent/Guardian |
Appropriateness of IEP, Placement (more restrictive) |
Decision Summary
____________ |
The ALJ concluded the IEP developed by BCPSS and proposed placement is appropriate to provide the student FAPE in LRE. |
| Public Agency |
OAH Case #
______________ |
Decision Date |
Hearing Requested By |
Issues |
| Baltimore County Public Schools |
04-H-BCNY-08994 |
5/17/2004 |
Parent/Guardian |
Appropriateness of IEP, Home and Hospital Teaching, Implementation of IEP |
Decision Summary
____________ |
The ALJ concluded the IEP for the 2001-2002 SY was not appropriate due to BCPSS’ failure to implement a due process hearing decision issued in 2001, the student was improperly placed in the Home and Hospital Program pending placement, and the parent's procedural rights were violated by forcing signature on an agreement to extend the timeline to review the IEP beyond 1 year. It was concluded the IEP being implemented during the 2003-2004 SY was appropriate. Also, the ALJ found that during the 2001-2002 and 2003-2004 SYs assistive technology (AT) was provided, however, the student was not allowed to take the device home. The ALJ ordered the remedies for BCPSS’ violations of IDEA are BCPSS reimburse the parent for expenses incurred for supplemental education services, provide compensatory services, and allow the student to take the AT device home. |
| Public Agency |
OAH Case #
______________ |
Decision Date |
Hearing Requested By |
Issues |
| Baltimore County Public Schools |
04-H-BCNY-18654 |
5/14/2004 |
Parent/Guardian |
Eligibility |
Decision Summary
____________ |
The parent failed to appear and was found in default, therefore, the case was dismissed. |
| Public Agency |
OAH Case #
______________ |
Decision Date |
Hearing Requested By |
Issues |
| Baltimore County Public Schools |
04-H-BCNY-29019 |
6/21/2004 |
Public Agency |
Independent Education Evaluation |
Decision Summary
____________ |
The parent failed to appear and was found in default, therefore, the case was dismissed. |
| Public Agency |
OAH Case #
______________ |
Decision Date |
Hearing Requested By |
Issues |
| Frederick County Public Schools |
04-H-FRED-11272 |
5/27/2004 |
Parent/Guardian |
Nonpublic Tuition Reimbursement |
Decision Summary
____________ |
The parents did not comply with the statutory requirement that requires them to notify the Public Agency of their intent to enroll the student in nonpublic school at public expense, therefore, the ALJ granted FCPS’ Motion for Summary Decision and the parents’ appeal was dismissed. |
| Public Agency |
OAH Case #
______________ |
Decision Date |
Hearing Requested By |
Issues |
| Harford County Public Schools |
04-H-HARF-16841 |
5/10/2004 |
Parent/Guardian |
IEP Development/Review/Revision, IEP Implementation-accommodations, supplementary aides and services, modifications |
Decision Summary
____________ |
The ALJ concluded the IEP is appropriate and is being implemented with accommodations, therefore, dismissed the parent's appeal. |
| Public Agency |
OAH Case #
______________ |
Decision Date |
Hearing Requested By |
Issues |
| Howard County Public Schools |
04-H-HOWD-20989 |
6/28/2004 |
Parent/Guardian |
Development of IEP, Parent Participation, Placement (less restrictive) |
Decision Summary
____________ |
The ALJ concluded the IEP was changed without giving the parent proper notice, and the student was removed from the classroom in violation of LRE requirements; however, since these violations did not have an educational impact, the parent’s appeal regarding these issues was dismissed. Other matters identified in the hearing request were dismissed by the ALJ due to lack of authority under IDEA. |
| Public Agency |
OAH Case #
______________ |
Decision Date |
Hearing Requested By |
Issues |
| Howard County Public Schools |
04-H-HOWD-09593 |
5/21/2004 |
Parent/Guardian |
Nonpublic Tuition Reimbursement |
Decision Summary
____________ |
The ALJ concluded that the student never received special education or related services under the authority of a Public Agency, therefore, the parents' request for nonpublic tuition reimbursement was denied. |
| Public Agency |
OAH Case #
______________ |
Decision Date |
Hearing Requested By |
Issues |
| Montgomery County Public Schools |
*03-H-MONT-50854 |
4/29/2004 |
Parent/Guardian |
Appropriateness of IEP, Nonpublic Tuition Reimbursement |
Decision Summary
____________ |
The ALJ concluded the IEP was appropriate to provide the student FAPE in LRE, therefore, the parents' request for nonpublic tuition reimbursement was denied.
Appeal information: US District Court Case #JFM-04-CV-3308 |
| Public Agency |
OAH Case #
______________ |
Decision Date |
Hearing Requested By |
Issues |
| Montgomery County Public Schools |
04-H-MONT-04901 |
5/3/2004 |
Parent/Guardian |
IEP Development/Review/Revision, Nonpublic Placement/Tuition Reimbursement |
Decision Summary
____________ |
The ALJ concluded the IEP was appropriate to provide the student FAPE, therefore, the parent's request for nonpublic tuition reimbursement was denied. |
| Public Agency |
OAH Case #
______________ |
Decision Date |
Hearing Requested By |
Issues |
| Montgomery County Public Schools |
*04-H-MONT-10728 |
6/4/2004 |
Parent/Guardian |
Development of IEP, Nonpublic Tuition Reimbursement |
Decision Summary
____________ |
The ALJ concluded MCPS failed to develop an IEP, convene an IEP Team meeting, review assessments, and to have an IEP in effect at the beginning of the school year, thereby denying the student FAPE. Therefore, the ALJ granted to the parent’s request for nonpublic tuition reimbursement.
Appeal information: US District Court Case #DKC-04-CV-2365 |
| Public Agency |
OAH Case #
______________ |
Decision Date |
Hearing Requested By |
Issues |
| Montgomery County Public Schools |
04-H-MONT-50918 |
4/1/2004 |
Parent/Guardian |
Appropriateness of IEP, Nonpublic Tuition Reimbursement |
Decision Summary
____________ |
The ALJ concluded the IEP proposed by MCPS was appropriate, therefore, the parents' request for nonpublic tuition reimbursement was denied. |
| Public Agency |
OAH Case #
______________ |
Decision Date |
Hearing Requested By |
Issues |
| Prince George's County Public Schools |
*04-H-PGEO-03297 |
5/24/2004 |
Parent/Guardian |
Identification, Nonpublic Tuition Reimbursement |
Decision Summary
____________ |
The ALJ determined PGCPS did not follow the proper procedures of the evaluation process, nor is there substantial information to determine that the student is disabled under IDEA. Therefore, the ALJ ordered PGCPS to fully evaluate the student should he return to the PGCPS. The parent's request for tuition reimbursement was denied.
Appeal information: US District Court Case #RWT-04-CV-2074 |
| Public Agency |
OAH Case #
______________ |
Decision Date |
Hearing Requested By |
Issues |
| Prince George's County Public Schools |
04-H-PGEO-12073 |
4/1/2004 |
Parent/Guardian |
Discipline |
Decision Summary
____________ |
The parents failed to appear and the hearing proceeded in their absence. The ALJ concluded the parents' did not submit a claim upon which relief can be granted under IDEA, therefore, PGCPS' Motion to Dismiss was granted. |
| Public Agency |
OAH Case #
______________ |
Decision Date |
Hearing Requested By |
Issues |
| Prince George's County Public Schools |
04-H-PGEO-12078 |
4/5/2004 |
Parent/Guardian |
Discipline |
Decision Summary
____________ |
The ALJ concluded the MDT Team's determination that the student's behavior was not a manifestation of his disability was consistent with applicable law and regulations, and that the interim alternative educational program is appropriate. |
| Public Agency |
OAH Case #
______________ |
Decision Date |
Hearing Requested By |
Issues |
| Prince George's County Public Schools |
04-H-PGEO-19937 |
5/17/2004 |
Public Agency |
Consent for Assessments |
Decision Summary
____________ |
The ALJ determined that the assessments requested by PGCPS are necessary to determine if the student requires special education and related services. Therefore, the ALJ granted PGCPS permission to perform the assessments without parental consent. |
| Public Agency |
OAH Case #
______________ |
Decision Date |
Hearing Requested By |
Issues |
| Wicomico County Public Schools |
04-H-WICO-16733 |
4/30/2004 |
Parent/Guardian |
Mediated Agreement |
Decision Summary
____________ |
The parent requested a hearing to overturn a mediation agreement. The ALJ granted WCPS' Motion to Dismiss, due to the parent's failure to state a claim for which relief can be granted under IDEA. |
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| Division of Special Education/Early Intervention Services |
Maryland State Department of Education
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| 200 West Baltimore Street |
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