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Divisions
Divisions > Special Education and Early Intervention > Complaint Investigation and Due Process Branch > Hearing Decisions > 2004
Third Quarter
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(January 1, 2004-March 31, 2004)
| Public Agency |
OAH Case #
______________ |
Decision Date |
Hearing Requested By |
Issues |
| Baltimore City Public School System |
03-H-CITY-45366 |
1/7/2004 |
Parent/Guardian |
Appropriateness of IEP, Implementation of IEP |
Decision Summary
____________ |
The ALJ concluded the current IEP is not appropriate. BCPS failed to implement the IEP resulting in the loss of educational opportunity; therefore, compensatory services are to be provided. Also, BCPS failed to conduct the 3-year reevaluation; therefore, after considering the assessment results, if the IEP Team determines the student is in need of additional services, BCPS shall provide compensatory services. |
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 |
| Frederick County Public Schools |
*03-H-FRED-42939 |
2/10/2004 |
Parent/Guardian |
Appropriateness of IEP, Nonpublic Tuition Reimbursement |
Decision Summary
____________ |
The ALJ concluded the IEP proposed by FCPS is appropriate, and provides the student FAPE in LRE. Therefore, the parents' request for nonpublic tuition reimbursement was denied.
Appeal information: US District Court Case #WDQ-2520 |
| Public Agency |
OAH Case #
______________ |
Decision Date |
Hearing Requested By |
Issues |
| Kent County Public Schools |
*03-H-KENT-37500 |
1/2/2004 |
Public Agency |
Appropriateness of IEP, Nonpublic Tuition Reimbursement |
Decision Summary
____________ |
The ALJ concluded the IEP proposed by KCPS provided the student FAPE in LRE, therefore, the parents' request for nonpublic tuition reimbursement was denied.
Appeal information: US District Court Case #04-CV-2019 |
| Public Agency |
OAH Case #
______________ |
Decision Date |
Hearing Requested By |
Issues |
| Kent County Public Schools |
*03-H-KENT-35432 |
1/3/2004 |
Parent/Guardian |
Appropriateness of IEP, Nonpublic Tuition Reimbursement |
Decision Summary
____________ |
The ALJ concluded the IEP proposed by KCPS provided the student FAPE in LRE, therefore, the parents' request for nonpublic tuition reimbursement was denied.
Appeal information: US District Court Case #04-CV-2019 |
| Public Agency |
OAH Case #
______________ |
Decision Date |
Hearing Requested By |
Issues |
| Montgomery County Public Schools |
04-H-MONT-07277 |
3/22/2004 |
Parent/Guardian |
Appropriateness of IEP, Nonpublic Tuition Reimbursement |
Decision Summary
____________ |
The ALJ concluded the MCPS IEP provided the student FAPE in LRE, 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-06629 |
3/26/2004 |
Student |
Appropriateness of IEP, Placement (less restrictive) |
Decision Summary
____________ |
The ALJ concluded the MCPS proposed IEP and placement of the student in a separate special education day school is appropriate to provide the student FAPE in LRE, therefore, affirmed the MCPS IEP. |
| Public Agency |
OAH Case #
______________ |
Decision Date |
Hearing Requested By |
Issues |
| Montgomery County Public Schools |
04-H-MONT-04812 |
3/15/2004 |
Parent/Guardian |
Appropriateness of IEP, Nonpublic Tuition Reimbursement |
Decision Summary
____________ |
The ALJ concluded the proposed IEP is appropriate to provide the student FAPE in LRE, 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 |
03-H-MONT-42623 |
3/11/2004 |
Parent/Guardian |
Appropriateness of IEP, Development of IEP, Implementation of IEP, Nonpublic Tuition Reimbursement |
Decision Summary
____________ |
The ALJ concluded 1) MCPS' failure to implement the IEP, exactly as written, did not result in a denial of FAPE, 2) the IEP is appropriate and affords the student FAPE in LRE, and 3) MCPS did not commit procedural violations by not providing the IEP goals and objectives to the parent prior to the meeting. 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 |
03-H-MONT-32938 |
1/6/2004 |
Parent/Guardian |
Appropriateness of IEP, Placement (more restrictive) |
Decision Summary
____________ |
The ALJ concluded the IEP and placement proposed by MCPS provides the student FAPE in LRE. Therefore, the parent's request to have the in-home servicing the student was receiving under Part C, was denied. |
| Public Agency |
OAH Case #
______________ |
Decision Date |
Hearing Requested By |
Issues |
| Montgomery County Public Schools |
03-H-MONT-31324 |
2/27/2004 |
Parent/Guardian |
Appropriateness of IEP, Nonpublic Tuition Reimbursement |
Decision Summary
____________ |
The ALJ concluded the IEP proposed by MCPS for the 2003-2004 SY is appropriate to provide the student FAPE in LRE, therefore, the parents’ request for nonpublic tuition reimbursement was denied. Also, the parents' request for nonpublic tuition reimbursement for the 2002-2003 SY was denied because their request was not made in a timely manner. |
| Public Agency |
OAH Case #
______________ |
Decision Date |
Hearing Requested By |
Issues |
| Prince George's County Public Schools |
03-H-PGEO-50632 |
3/18/2004 |
Parent/Guardian |
Placement |
Decision Summary
____________ |
The ALJ concluded the IEP, which changes placement of the student, is appropriate to provide the student FAPE in LRE. Therefore, the parent's request for the student to remain in the current class is denied. (The hearing decision indicates this environment is not more restrictive, and would barely constitute a change in placement for the student.) |
| Public Agency |
OAH Case #
______________ |
Decision Date |
Hearing Requested By |
Issues |
| Prince George's County Public Schools |
03-H-PGEO-30550 |
2/12/2004 |
Parent/Guardian |
Appropriateness of IEP, Compensatory Services, Development of IEP, Nonpublic Tuition Reimbursement |
Decision Summary
____________ |
The ALJ concluded PGCPS failed to have an appropriate IEP in place, therefore, PGCPS was ordered to provide compensatory services and to develop an appropriate IEP. The ALJ further concluded the parent's did not show that their proposed placement in a nonpublic school was appropriate, therefore, their request for nonpublic tuition reimbursement was denied. |
| Public Agency |
OAH Case #
______________ |
Decision Date |
Hearing Requested By |
Issues |
| Prince George's County Public Schools |
03-H-PGEO-26746 |
1/20/2004 |
Parent/Guardian |
Appropriateness of IEP, Development of IEP, Implementation of IEP, Nonpublic Tuition Reimbursement |
Decision Summary
____________ |
The ALJ concluded: 1) PGCPS' failure to implement the IEP, exactly as written, did not result in a denial of FAPE, 2) the proposed IEP and placement is appropriate to provide the student FAPE in LRE, and 3) the alleged procedural violation, involving Central Multidisciplinary Team meeting participants, did not result in a loss of educational opportunity or denial of FAPE. Therefore, the parent's request for nonpublic tuition reimbursement was denied. |
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| Division of Special Education/Early Intervention Services |
Maryland State Department of Education |
| 200 West Baltimore Street |
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