April 1, 2006 - June 30, 2006
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 |
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Baltimore City Public School System |
06-H-CITY-10363 |
6/19/2006 |
Parent/Guardian |
Compensatory Services, Identification/Evaluation/
Reevaluation, Independent Educational Evaluation Procedures, Nonpublic Placement/Tuition Reimbursement |
Decision Summary
____________ |
The ALJ granted BCPSS' Motion to Dismiss the parent's appeal for nonpublic tuition reimbursement as the child never attended public school and has never received special education services. This request was also barred by IDEA's 2 year statute of limitations. The ALJ also concluded that since the parents failed to establish any material dispute they are not entitled to compensatory services, reimbursement for private therapeutic services or for an independent educational evaluation. |
| Public Agency |
OAH Case #
______________ |
Decision Date |
Hearing Requested By |
Issues |
|
Baltimore County Public Schools |
06-H-BCNY-19792 |
5/25/2006 |
Parent/Guardian |
Disciplinary Procedures |
Decision Summary
____________ |
The ALJ concluded the student's behavior was not a manifestation of his disability, therefore, affirmed BCPS' authority to proceed with disciplinary action. |
| Public Agency |
OAH Case #
______________ |
Decision Date |
Hearing Requested By |
Issues |
|
Charles County Public Schools |
06-H-CHAS-12919 |
4/24/2006 |
Public Agency |
Identification/Evaluation/Reevaluation |
Decision Summary
____________ |
The ALJ granted CCPS' request to perform assessments without parental consent. |
| Public Agency |
OAH Case #
______________ |
Decision Date |
Hearing Requested By |
Issues |
|
Frederick County Public Schools |
05-H-FRED-63653
The information contained in this decision could not be redacted sufficiently to ensure the confidentiality of the student, therefore, the decison is being withheld for release. |
4/13/2006 |
Parent/Guardian |
IEP Development/Review/ Revision, Placement/LRE/complainant requesting less restrictive |
Decision Summary
____________ |
The ALJ concluded the IEP and placement in a separate special education day school is appropriate to provide the student FAPE in LRE, therefore, denied the parent's request for less restrictive placement. |
| Public Agency |
OAH Case #
______________ |
Decision Date |
Hearing Requested By |
Issues |
|
Kent County Public Schools |
06-H-KENT-18677 |
6/16/2006 |
Parent/Guardian |
IEP Development/Review/Revision, Nonpublic Placement/Tuition Reimbursement |
Decision Summary
____________ |
The ALJ remanded the case back to KCPS and ordered the IEP team to reconvene to consider the child's special education needs, and also ordered KCPS to provide compensatory services. The ALJ denied the parents' request for nonpublic placement. |
| Public Agency |
OAH Case #
______________ |
Decision Date |
Hearing Requested By |
Issues |
|
Montgomery County Public Schools |
*05-H-MONT-47445 |
4/21/2006 |
Parent/Guardian |
IEP Development/Review/Revision, Nonpublic Placement/Tuition Reimbursement |
Decision Summary
____________ |
The ALJ concluded the IEP and placement proposed by MCPS is appropriate to provide the student FAPE in LRE, and further concluded MCPS' failure to have the student's general education teacher attend 2 IEP meetings did not deny the student FAPE. Therefore, the ALJ denied the parent's request for tuition reimbursement.
Appeal information: US District Court Case #DKC-C-CV-2295 |
| Public Agency |
OAH Case #
______________ |
Decision Date |
Hearing Requested By |
Issues |
|
Montgomery County Public Schools |
05-H-MONT-51116
|
6/13/2006 |
Parent/Guardian |
IEP Development/Review/
Revision, Placement |
Decision Summary
____________ |
The ALJ concluded the IEP and placement in a nonpublic school, although not the location of the parent's choice, is appropriate to provide the student FAPE in LRE. |
| Public Agency |
OAH Case #
______________ |
Decision Date |
Hearing Requested By |
Issues |
|
Montgomery County Public Schools |
*06-H-MONT-00650 |
5/1/2006 |
Parent/Guardian |
IEP Development/Review/Revision, Placement/LRE/complainant requesting more restrictive |
Decision Summary
____________ |
The ALJ concluded the IEP and placement is appropriate to provide the student FAPE in LRE, therefore, denied the parent's request for more restrictive placement.
Appeal information: US District Court Case #06-CV-2836(AWA) |
| Public Agency |
OAH Case #
______________ |
Decision Date |
Hearing Requested By |
Issues |
|
Montgomery County Public Schools |
06-H-MONT-01272 |
4/24/2006 |
Parent/Guardian |
Identification/Evaluation/
Reevaluation, Nonpublic Placement/Tuition Reimbursement |
Decision Summary
____________ |
The ALJ concluded the parents did not meet their burden of proof to establish the student is a student with disability, therefore, their request for tuition reimbursement was denied and the case was dismissed. |
| Public Agency |
OAH Case #
______________ |
Decision Date |
Hearing Requested By |
Issues |
|
Montgomery County Public Schools |
06-H-MONT-03539 |
6/23/2006 |
Parent/Guardian |
Identification/Evaluation/
Reevaluation, Records |
Decision Summary
____________ |
The ALJ concluded the parents did not meet their burden of proof to establish the child is a child with disability, therefore, their request for testing accommodations was denied. The ALJ also concluded there was no procedural violation by MCPS allowing a school psychologist to review the child's evaluation and existing data. |
| Public Agency |
OAH Case #
______________ |
Decision Date |
Hearing Requested By |
Issues |
|
Montgomery County Public Schools |
06-H-MONT-07876 |
4/5/2006 |
Parent/Guardian |
Independent Educational Evaluation Procedures, Nonpublic Placement/Tuition Reimbursement |
Decision Summary
____________ |
The parent requested a hearing in order to obtain nonpublic tuition and independent education evaluation reimbursement. The ALJ concluded the parent did not comply with the statute of limitations, therefore, denied the requests for reimbursement. |
| Public Agency |
OAH Case #
______________ |
Decision Date |
Hearing Requested By |
Issues |
|
Prince George's County Public Schools |
*06-H-PGEO-13191 |
5/10/2006 |
Parent/Guardian |
Nonpublic Placement/Tuition Reimbursement |
Decision Summary
____________ |
The ALJ granted PGCPS' Motion to Dismiss the parent's appeal for nonpublic tuition reimbursement as the child never attended public school and has never received special education services.
Appeal information: US District Court Case #AW-06-CV-1445 |
| Public Agency |
OAH Case #
______________ |
Decision Date |
Hearing Requested By |
Issues |
|
Prince George's County Public Schools |
06-H-PGEO-20101
Amendment |
6/26/2006 |
Parent/Guardian |
Nonpublic Placement/Tuition Reimbursement |
Decision Summary
____________ |
The ALJ denied the parent's request for tuition reimbursement for the child's unilateral placement in a nonpublic school, as the child had not been identified as a student with disability at the time of the nonpublic placement, nor did the parent provide proper notice. |
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| Division of Special Education/Early Intervention Services |
| Maryland State Department of Education |
| 200 West Baltimore Street |
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