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              Due Process Hearing Decisions - Fiscal Year 2006
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Divisions > Special Education and Early Intervention > Complaint Investigation and Due Process Branch > Hearing Decisions > 2006
Hearings-FY06-1st Quarter
Public Agency OAH Case #
______________
Decision Date
Hearing Requested By Issues
Baltimore City
Public School System
05-H-CITY-29548
7/11/05
Parent/Guardian ESY Determination
Decision Summary
____________
The parent failed to appear and was found in default, therefore, the case was dismissed.

July 1, 2005 - September 30, 2005

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
05-H-CITY-30935
7/29/05
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, therefore, denied the parent's request for placement in a nonpublic school.

Public Agency            OAH Case #
______________
Decision Date
Hearing Requested By Issues
Baltimore City Public School System
05-H-CITY-36670
8/8/2005
Parent/Guardian N/A
Decision Summary
____________
The ALJ found the request for hearing insufficient.

Public Agency             OAH Case #
______________
Decision Date
Hearing Requested By Issues
Baltimore County Public Schools
05-H-BCNY-20422
7/7/2005
Parent/Guardian IEP Development/Review/Revision, Nonpublic Placement/Tuition Reimbursement
Decision Summary
____________
The ALJ concluded the IEP and placement in a public school is not appropriate to provide the student FAPE, therefore, granted the parent's request for nonpublic tuition reimbursement.

Public Agency             OAH Case #
______________
Decision Date
Hearing Requested By Issues
Baltimore County Public Schools
05-H-BCNY-20423*
7/20/2005
Parent/Guardian IEP Development/Review/Revision, Nonpublic Placement/Tuition Reimbursement
Decision Summary
____________
The ALJ concluded the proposed IEP and placement in a public school are appropriate, therefore, denied the parent's request for nonpublic tuition reimbursement.

Public Agency             OAH Case #
______________
Decision Date
Hearing Requested By Issues
Baltimore County Public Schools
05-H-BCNY-29030
7/1/2005
Public Agency Identification/Evaluation/Reevaluation
Decision Summary
____________
The parent failed to appear, therefore, found in default. The ALJ did authorize BCPSS to to proceed with its recommended IEP and placement.

Public Agency OAH Case #
______________
Decision Date
Hearing Requested By Issues
Charles County Public Schools
05-H-CHAS-36999
9/1/2005
Parent/Guardian Placement
Decision Summary
____________
The ALJ granted CCPS' Motion for Summary Decision as no genuine dispute existed, and the case was dismissed.

Public Agency OAH Case #
______________
Decision Date
Hearing Requested By Issues
Garrett County
Public Schools         
05-H-GARR-26839
9/1/2005
Parent/Guardian IEP Development/Review/Revision, Nonpublic Placement/Tuition Reimbursement
Decision Summary
____________
The ALJ concluded the student's IEP could not be implemented in a public school, therefore, granted the parent's request for nonpublic tuition reimbursement.

Public Agency           OAH Case #
______________
Decision Date
Hearing Requested By Issues
Howard County Public Schools
05-H-HOWD-30823
7/21/2005
Public Agency Independent Educational Evaluation Procedures
Decision Summary
____________
The ALJ concluded the evaluation conducted by the HCPS resulted in an accurate assessment of the child and can be used to develop an appropriate educational program, therefore, denied the parent's request for an independent evaluation at public expense.

Public Agency             OAH Case #
______________
Decision Date
Hearing Requested By Issues
Howard County Public Schools
05-H-HOWD-45463
9/30/2005
Parent/Guardian N/A
Decision Summary
____________
The ALJ found the request for hearing insufficient.

Public Agency               OAH Case #
______________
Decision Date
Hearing Requested By Issues
Montgomery County Public Schools
05-H-MONT-13253
7/8/2005
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, therefore, denied the parent's request for nonpublic tuition reimbursement for placement in a residential facility.

Public Agency               OAH Case #
______________
Decision Date
Hearing Requested By Issues
Montgomery County Public Schools
05-H-MONT-18060
8/22/2005
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, 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-27966
8/17/2005
Parent/Guardian Nonpublic Placement/Tuition Reimbursement
Decision Summary
____________

The ALJ concluded the parents did not comply with notice requirements, therefore, denied their request for nonpublic tuition reimbursement.

Appeal information:  US District Court Case #AW-05-3094


Public Agency               OAH Case #
______________
Decision Date
Hearing Requested By Issues
Montgomery County Public Schools
05-H-MONT-30517
7/12/2005
Parent/Guardian Nonpublic Placement/Tuition Reimbursement
Decision Summary
____________
The ALJ granted MCPS' Motion for Summary Decision and dismissed the case as the parent had not sought special education and related services from the MCPS, only tuition reimbursement for placement in a nonpublic school, therefore, the ALJ concluded there is no genuine issue of dispute.

Public Agency             OAH Case #
______________
Decision Date
Hearing Requested By Issues
Montgomery County Public Schools
05-H-MONT-32898
8/1/2005
Parent/Guardian Independent Educational Evaluation Procedures
Decision Summary
____________
The ALJ granted MCPS' Motion to Dismiss as the parent was requesting reimbursement for an independent educational evaluation conducted 5 years ago, and there was no MCPS evaluation in dispute.

Public Agency             OAH Case #
______________
Decision Date
Hearing Requested By Issues
Prince George's County Public Schools
05-H-PGEO-31722
8/29/2005
Parent/Guardian Disciplinary Procedures
Decision Summary
____________
The ALJ concluded that the student's behavior was not a manifestation of her disability, therefore, the parent's request that the student's education record not reflect the proposed expulsion and long-term suspension was denied

Public Agency                OAH Case #
______________
Decision Date
Hearing Requested By Issues
Prince George's County Public Schools
05-H-PGEO-37388
9/26/2005
Parent/Guardian Home and Hospital Teaching, Placement/LRE/complainant requesting more restrictive
Decision Summary
____________
The parent requested a hearing to have the student remain in Home and Hospital teaching. The ALJ found the parent's request for a due process hearing premature as PGCPS had approved home teaching for sixty days, which as of the date of the hearing had not elapsed. The ALJ granted PGCPS' Motion for Judgement as the parent did not establish a violation of the IDEA.

Public Agency                  OAH Case #
______________
Decision Date
Hearing Requested By Issues
Wicomico County Public Schools
05-H-WICO-28916
7/7/2005
Parent/Guardian IEP Development/Review/Revision, Nonpublic Placement/Tuition Reimbursement
Decision Summary
____________
The ALJ granted WCPS' Motion for Summary Decision as the issue of the hearing was resolved by the parties with a mediation settlement agreement and may not be relitigated.


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
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