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Divisions > Special Education and Early Intervention > Complaint Investigation and Due Process Branch > Hearing Decisions > 2006
Hearings-FY06-3rd Quarter
Public Agency OAH Case #
______________
Decision Date
Hearing Requested By Issues
Baltimore City Public School System
05-H-CITY-61586
2/21/06
Parent/Guardian

IEP Development/Review/
Revision, Nonpublic Placement

Decision Summary
____________
The parent requested the student be placed in a nonpublic school which has a doctor on staff. The ALJ determined the parent did not meet the burden of proof and the request for nonpublic placement was denied.

January 1, 2006 - March 31, 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
Baltimore City Public School System
05-H-CITY-61587
2/17/06
Parent/Guardian

IEP Development/Review/
Revision, Placement/LRE/
complainant requesting more
restrictive

Decision Summary
____________
The ALJ concluded the IEP and placement are appropriate to provide the student FAPE in LRE, therefore, denied the parent's request for placement in a more restrictive environment. 

Public Agency OAH Case #
______________
Decision Date
Hearing Requested By Issues
Baltimore County Public Schools
*05-H-BCNY-60161
2/21/06
Parent/Guardian Placement
Decision Summary
____________

The parents requested reimbursement for placement in their preferred nonpublic school. The ALJ denied the parent's request and determined the nonpublic school recommended by BCPS was appropriate.

Appeal information:  US District Court Case #06-CV-942 (RDB)
                                   The Court remanded the case back to OAH, 
                                   and the ALJ reversed the decision
                                    07-H-BCNY-24217                         


Public Agency OAH Case #
______________
Decision Date
Hearing Requested By Issues
Montgomery County Public Schools
05-H-MONT-45611*
1/30/06
Parent/Guardian IEP Development/Review/
Revision, Nonpublic Placement/
Tuition Reimbursement
Decision Summary
____________
The ALJ concluded the IEP is appropriate to provide the student FAPE, 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-54986*
1/24/2006
Parent/Guardian Compensatory Services, IEP Development/Review/
Revision, Nonpublic Placement/Tuition Reimbursement
Decision Summary
____________
The ALJ concluded the parents did not provide proper notice of their intent to enroll the student in a nonpublic placement at public expense, therefore, denied their request for tuition reimbursement. The ALJ also denied the parent's request for compensatory services for the time the student was without an IEP and placement, as the student voluntarily removed himself from school. The ALJ did order MCPS to develop an IEP with an appropriate placement for the student.

Public Agency OAH Case #
______________
Decision Date
Hearing Requested By Issues
Montgomery County Public Schools
05-H-MONT-57887
1/26/06
Parent/Guardian IEP Development/Review/ Revision
Decision Summary
____________
The ALJ concluded the IEP is appropriate to provide the student FAPE.

Public Agency OAH Case #
______________
Decision Date
Hearing Requested By Issues
Montgomery County Public Schools
05-H-MONT-58612
1/12/2006
Parent/Guardian Transportation
Decision Summary
____________
The parent did not submit any evidence to support her claim that the student required door-to-door service, therefore, the matter was dismissed.

Public Agency OAH Case #
______________
Decision Date
Hearing Requested By Issues
Montgomery County Public Schools
06-H-MONT-04409
2/28/2006
Parent/Guardian Not an IDEA Issue (school transfer)
Decision Summary
____________
The ALJ granted MCPS' Motion for Summary Decision on the basis that no genuine dispute existed. Therefore, the case was dismissed.

Public Agency OAH Case #
______________
Decision Date
Hearing Requested By Issues
Prince George's County Public Schools
05-H-PGEO-57108
2/7/2006
Parent/Guardian IEP Development/Review/
Revision, Placement/LRE/
complainant requesting more restrictive
Decision Summary
____________
The ALJ concluded the IEP and placement developed by PGCPS is appropriate to provide the student FAPE, therefore, the parents request was denied.

Public Agency OAH Case #
______________
Decision Date
Hearing Requested By Issues
Prince George's County Public Schools
05-H-PGEO-60216
2/2/2006
Parent/Guardian IEP Content, IEP Implementation-accommodations, aids & services, modifications, IEP Implementation-speech/language services, Nonpublic Placement/Tuition Reimbursement
Decision Summary
____________
The ALJ concluded that the student did not receive speech language services in the IEP. However, PGCPS provided the student with compensatory services, therefore, that matter has been settled. The ALJ also found that the student did not receive the services of a one-to-one aide as required by the IEP, and ordered a remedy for that violation. The ALJ denied the parent's request for a nonpublic school stating that FAPE could be provided in a public school placement.

Public Agency OAH Case #
______________
Decision Date
Hearing Requested By Issues
Washington County Public Schools
05-H-WASH-54651
3/2/2006
Parent/Guardian Disciplinary Procedures
Decision Summary
____________
The ALJ concluded the behavior which resulted in the student being placed in an alternative placement was not a manifestation of her disability, therefore, affirmed WCPS' determination.


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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