- - - - - - - - - - - - - - - - - - - - - -
 Divisions
  Overview
  Academic Policy
  Academic Reform and Innovation
  Accountability, Assessment, and Data Systems
  Career and College Readiness
  Certification and Accreditation
  Early Childhood Development
  Finance
  Information Technology
  Instruction
  Library Services
  Office of the State Superintendent
  Rehabilitation Services
  Special Education and Early Intervention
     Overview
     Individuals With Disabilities Education Act
     Information
     Early Intervention and Preschool Special Education
     Individuals with Disabilities Education Improvement Act of 2004
     Mod-HSA Procedures and Processes
     Interagency Rates
     Upcoming Events
     Fact Sheets
     Complaint Investigation and Due Process Branch
        Hearing Decisions
           2010
           2011
           2012
        Complaint Letters
     IDEA
     State Interagency Coordinating Council
     Policy and Accountability Branch
     Interagency Collaboration Branch
     Specialized Services Branch
     Division Policy Guidance
     TFC AND TFC-MF PROGRAMS
     Fiscal Management Branch
     Programmatic Support and Technical Assistance
  Student, Family, and School Support
Divisions
Divisions > Special Education and Early Intervention > Complaint Investigation and Due Process Branch > Hearing Decisions > 2005
Third Quarter (January 1, 2005 to March 31, 2005)
Public Agency OAH Case #
______________
Decision Date
Hearing Requested By Issues
Anne Arundel County Public Schools
*04-H-AARU-58809
1/3/2005
Parent/Guardian IEP Development/Review/Revision, Nonpublic Placement/Tuition Reimbursement
Decision Summary
____________

The ALJ concluded the IEP and placement in a public school is appropriate to provide the student FAPE in LRE, therefore, denied the parent's request for nonpublic placement and tuition reimbursement. 

Appeal information:  US District Court Case #05-CV-1791 (CCB)

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 City Public School System
04-H-CITY-63562
1/20/2005
Parent/Guardian IEP Development/Review/Revision, Nonpublic Placement/Tuition Reimbursement
Decision Summary
____________
The ALJ concluded the IEP and placement in a public school is appropriate to provide the student FAPE in LRE, therefore, denied the parent's request for nonpublic placement and tuition reimbursement.

Public Agency OAH Case #
______________
Decision Date
Hearing Requested By Issues
Baltimore City Public School System
04-H-CITY-63995
1/31/2005
Parent/Guardian IEP Development/Review/Revision, Nonpublic Placement/Tuition Reimbursement
Decision Summary
____________
The ALJ concluded the IEP and placement in a public school is appropriate to provide the student FAPE in LRE, therefore, denied the parent's request for nonpublic placement and tuition reimbursement.

Public Agency OAH Case #
______________
Decision Date
Hearing Requested By Issues
Baltimore City Public School System
05-H-CITY-01725
3/21/2005
Parent/Guardian IEP Development/Review/Revision, Nonpublic Placement/Tuition Reimbursement
Decision Summary
____________
The ALJ concluded the IEP and placement in a public school is appropriate to provide the student FAPE in LRE, therefore, denied the parent's request for nonpublic placement and tuition reimbursement.

Public Agency OAH Case #
______________
Decision Date
Hearing Requested By Issues
Baltimore County Public Schools
04-H-BCNY-61192
1/14/2005
Parent/Guardian Disciplinary Procedures
Decision Summary
____________
The ALJ concluded the student's behavior was not a manifestation of the student's disability, therefore, affirmed BCPS' authority to proceed with disciplinary action.

Public Agency OAH Case #
______________
Decision Date
Hearing Requested By Issues
Baltimore County Public Schools
04-H-BCNY-65366
2/2/2005
Parent/Guardian IEP Development/Review/Revision, Nonpublic Placement/Tuition Reimbursement
Decision Summary
____________
The ALJ concluded the IEP and placement in a public school is appropriate to provide the student FAPE in LRE, therefore, denied the parent's request for nonpublic placement and tuition reimbursement.

Public Agency OAH Case #
______________
Decision Date
Hearing Requested By Issues
Baltimore County Public Schools
05-H-BCNY-02223
2/11/2005
Parent/Guardian Placement/LRE/complainant requesting less restrictive
Decision Summary
____________
The ALJ ordered the student remain in a nonpublic school until such time the IEP Team determines otherwise, therefore, denied the parent's request for public placement.

Public Agency OAH Case #
______________
Decision Date
Hearing Requested By Issues
Charles County Public Schools
04-H-CHAS-65376
2/2/2005
Parent/Guardian IEP Implementation-classroom instruction
Decision Summary
____________
The ALJ ordered the CCPS Motion for Judgement granted and dismissed the case, as the parents failed to establish that the IEP was not properly implemented.

Public Agency OAH Case #
______________
Decision Date
Hearing Requested By Issues
Frederick County Public Schools
04-H-FRED-46373
3/18/2005
Parent/Guardian IEP Development/Review/Revision, Nonpublic Placement/Tuition Reimbursement
Decision Summary
____________
The ALJ concluded the IEP and placement in a public school is appropriate to provide the student FAPE in LRE, therefore, denied the parent's request for nonpublic placement and tuition reimbursement.

Public Agency OAH Case #
______________
Decision Date
Hearing Requested By Issues
Howard County Public Schools
04-H-HOWD-56219
3/3/2005
Parent/Guardian Nonpublic Placement/Tuition Reimbursement
Decision Summary
____________
The ALJ concluded the private placement provided in the IEP is appropriate, therefore, denied the parent's request for tuition reimbursement at a different private school.

Public Agency OAH Case #
______________
Decision Date
Hearing Requested By Issues
Howard County Public Schools
05-H-HOWD-01875
2/8/2005
Parent/Guardian Identification/Evaluation/ Reevaluation
Decision Summary
____________
The parent failed to appear, however, the hearing proceeded in her absence. The parent alleged that HCPS refused to test the student, however, HCPS states the parent refused authorization to allow the testing. The parent did not disclose evidence prior to the hearing, therefore, the ALJ concluded the parent could not support her appeal and the case was dismissed.

Public Agency OAH Case #
______________
Decision Date
Hearing Requested By Issues
Howard County Public Schools
05-H-HOWD-09624
3/17/2005
Public Agency Identification/Evaluation/ Reevaluation
Decision Summary
____________
The ALJ granted HCPS' request to perform assessments without parental consent.

Public Agency OAH Case #
______________
Decision Date
Hearing Requested By Issues
MD School for the Deaf
04-H-DEAF-60304
1/24/2005
Parent/Guardian IEP Implementation-classroom instruction
Decision Summary
____________
The ALJ concluded the IEP is being implemented as documented, and it provides the student FAPE.

Public Agency OAH Case #
______________
Decision Date
Hearing Requested By Issues
MD School for the Deaf
04-H-DEAF-60333
1/24/2005
Parent/Guardian IEP Implementation-accommodations, aids & services, modifications
Decision Summary
____________
The ALJ concluded the IEP is being implemented as documented, and it provides the student FAPE.

Public Agency OAH Case #
______________
Decision Date
Hearing Requested By Issues
Montgomery County Public Schools
04-H-MONT-49502 2/17/2005 Parent/Guardian IEP Development/Review/Revision, Nonpublic Placement/Tuition Reimbursement
Decision Summary
____________
The ALJ concluded the MCPS IEP provided the student FAPE, and would continue to do so had the student remained in MCPS, therefore, denied the parent's request for nonpublic tuition reimbursement.

Public Agency OAH Case #
______________
Decision Date
Hearing Requested By Issues
Montgomery County Public Schools
05-H-MONT-00992
2/9/2005
Parent/Guardian IEP Development/Review/Revision
Decision Summary
____________
The parent failed to appear, therefore, the ALJ dismissed the case.

Public Agency OAH Case #
______________
Decision Date
Hearing Requested By Issues
Montgomery County Public Schools
05-H-MONT-07914
3/14/2005
Parent/Guardian IEP Implementation-transportation
Decision Summary
____________
The ALJ ordered the case dismissed, as the transportation issue in dispute is a safety issue and does not deny the student FAPE.

Public Agency OAH Case #
______________
Decision Date
Hearing Requested By Issues
Prince George's County Public Schools
04-H-PGEO-63587
1/27/2005
Public Agency Identification/Evaluation/ Reevaluation
Decision Summary
____________
The ALJ granted PGCPS' request to perform assessments without parental consent.

Public Agency OAH Case #
______________
Decision Date
Hearing Requested By Issues
Prince George's County Public Schools
05-H-PGEO-00073
2/11/2005
Public Agency Identification/Evaluation/ Reevaluation
Decision Summary
____________
The ALJ granted PGCPS' request to perform assessments without parental consent.

Public Agency OAH Case #
______________
Decision Date
Hearing Requested By Issues
Prince George's County Public Schools
05-H-PGEO-07811
3/14/2005
Public Agency Identification/Evaluation/ Reevaluation
Decision Summary
____________
The ALJ granted PGCPS' request to perform assessments without parental consent.

Public Agency OAH Case #
______________
Decision Date
Hearing Requested By Issues
Queen Anne's County Public Schools
04-H-QANN-45772
1/31/2005
Parent/Guardian IEP Development/Review/Revision, Nonpublic Placement/Tuition Reimbursement
Decision Summary
____________
The QACPS failed to complete an IEP for the student, therefore, the ALJ granted the parent's request for nonpublic tuition reimbursement.



Contact Information
Division of Special Education/Early Intervention Services
Maryland State Department of Education
200 West Baltimore Street
Baltimore, MD 21201
Phone:  410-767-0238
Fax:  410-333-0664
MSDE Privacy Statement Disclaimer  | Copyright © 2003 MSDE