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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-FY06-2nd Quarter
Public Agency OAH Case #
______________
Decision Date
Hearing Requested By Issues
Baltimore County Public Schools
05-H-BCNY-54506
12/19/2005
Parent/Guardian IEP Implementation-Placement, Mediation and Due Process Decision Implementation
Decision Summary
____________
The ALJ concluded the parent failed to establish that BCPS did not properly implement the IEP, as BCPS provided compensatory services for the incorrect placement in a regular education classroom rather than in a self-contained special education classroom, and also failed to establish that the BCPS did not abide by a mediation agreement entered into by the parties; therefore, the complaint was dismissed.

October 1, 2005 - December 31, 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 County Public Schools
05-H-BCNY-40668
11/16/2005
Parent/Guardian Placement
Decision Summary
____________
The ALJ concluded there was no genuine issue in dispute, as the parent was requesting placement at a public magnet school instead of the student's home school, therefore, the case was dismissed. The ALJ affirmed the student must apply to the magnet school through the application process.

Public Agency      OAH Case #
______________
 Decision       Date 
Hearing Requested By              Issues
Cecil County Public Schools
05-H-CECL-46756
11/14/2005
Parent/Guardian IEP Development/Review/Revision, Placement/LRE/complainant requesting less restrictive
Decision Summary
____________
The ALJ concluded the IEP and placement in a nonpublic school is appropriate to provide the student FAPE in the LRE, therefore, denied the parent's request for public placement.

Public Agency       OAH Case #
______________
Decision Date
Hearing Requested By Issues
Howard County Public Schools
05-H-HOWD-39276
12/28/2005
Parent/Guardian IEP Development/Review/Revision, IEP Implementation-accommodations, aides & services, modifications, Independent Educational Evaluation Procedures, Nonpublic Placement/Tuition Reimbursement
Decision Summary
____________
The ALJ concluded (1) thestudent's 5th and 6th grade IEPs were appropriate to provide the student FAPE in LRE, (2) the parents were afforded meaningful participation in the IEP development process, (3) HCPS provided the accommodations indicated in the student's IEP, and (4) HCPS considered the testing results of an independent education evaluation. The ALJ also concluded the parents failed to demonstrate placement in a nonpublic school was appropriate, therefore, the request was denied.

Public Agency OAH Case #
______________
Decision Date
Hearing Requested By Issues
Montgomery County Public Schools
05-H-MONT-35779*
12/5/2005
Parent/Guardian IEP Development/Review/Revision, Placement/LRE/complainant requesting more restrictive
Decision Summary
____________
The ALJ concluded the IEP with lack of placement did not provide the student FAPE, therefore, granted the parent's request for residential placement at public expense.

Public Agency OAH Case #
______________
Decision Date
Hearing Requested By Issues
Montgomery County Public Schools
05-H-MONT-37147
10/7/2005
Parent/Guardian ESY Determination
Decision Summary
____________
The ALJ concluded the ESY services proposed by MCPS were not appropriate, therefore, granted the parent's request for reimbursement for private services.

Public Agency OAH Case #
______________
Decision Date
Hearing Requested By Issues
Montgomery County Public Schools
05-H-MONT-42450
11/18/2005
Parent/Guardian IEP Development/Review/Revision, Placement/LRE/complainant requesting less restrictive
Decision Summary
____________
The ALJ concluded IEP and placement in a self-contained special education program was appropriate to provide the student FAPE in the LRE, therefore, denied the parent's request for placement in a less restrictive environment.

Public Agency OAH Case #
______________
Decision Date
Hearing Requested By Issues
Montgomery County Public Schools
05-H-MONT-44800
10/7/2005
Parent/Guardian IEP Development/Review/Revision, Placement/LRE/complainant requesting less restrictive
Decision Summary
____________
The ALJ concluded the IEP and placement in a nonpublic school is appropriate to provide the student FAPE in LRE, therefore, denied the parent's request for the student to remain in public school.

Public Agency OAH Case #
______________
Decision Date
Hearing Requested By Issues
Montgomery County Public Schools
05-H-MONT-47391
11/4/2005
Parent/Guardian IEP Development/Review/Revision, Placement
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-50362
12/8/2005
Parent/Guardian Independent Educational Evaluation Procedures
Decision Summary
____________
MCPS denied the parent’s request for a classroom observation by the parents and an evaluator as another due process hearing was pending regarding the placement of the student, this is in accordance with MCPS policy. The ALJ concluded that the MCPS decision to deny the parents' request for a classroom observation did not violate IDEA and is without merit, therefore, dismissed the case.

Public Agency OAH Case #
______________
Decision Date
Hearing Requested By Issues
Montgomery County Public Schools
05-H-MONT-53101
12/12/2005
Public Agency Identification/Evaluation/Reevaluation
Decision Summary
____________
The ALJ granted MCPS' 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-32891
10/3/2005
Parent/Guardian Compensatory Services, Home and Hospital Teaching, Identification/Evaluation/Reevaluation, IEP Development/Review/Revision
Decision Summary
____________
The ALJ concluded PGCPS did not violate IDEA by not testing the student in his native language, the IEP and placement in a certificate program rather than a diploma program, as requested by the parent, is appropriate to provide the student FAPE in LRE, and that the student is not entitled to compensatory services due to Home and Hospital services not being provided.

Public Agency OAH Case #
______________
Decision Date
Hearing Requested By Issues
Prince George's County Public Schools
05-H-PGEO-36668
10/4/2005
Parent/Guardian IEP Development/Review/Revision, Placement/LRE/complainant requesting more restrictive
Decision Summary
____________
The ALJ concluded the IEP and placement in a public school was not appropriate to provide the student FAPE in LRE, therefore, granted the parents request for nonpublic tuition reimbursement.

Public Agency OAH Case #
______________
Decision Date
Hearing Requested By Issues
Prince George's County Public Schools
05-H-PGEO-40666
12/5/2005
Parent/Guardian Placement
Decision Summary
____________
The ALJ concluded the IEP and placement is appropriate to provide the student FAPE, therefore, denied the parent's request for placement in a program other than that recommended by the IEP team.

Public Agency OAH Case #
______________
Decision Date
Hearing Requested By Issues
Prince George's County Public Schools
05-H-PGEO-49442
12/2/2005
Parent/Guardian Not Identified
Decision Summary
____________
The ALJ dismissed the case as the request for due process hearing was not filed by the person with educational decision making authority.

Public Agency OAH Case #
______________
Decision Date
Hearing Requested By Issues
Queen Anne's County Public Schools
05-H-QANN-42446
10/3/2005
Public Agency Placement/LRE/complainant requesting less restrictive
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.


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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