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Divisions
Divisions > Special Education and Early Intervention > Family Support and Dispute Resolution Branch > Hearing Decisions > 2011
Due Process Hearing Decisions - FY11 - 3rd Quarter
(January 1, 2011 - March 31, 2011)

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
Anne Arundel County Public Schools
10-H-AARU-29903
03/31/2011
Parent/Guardian IEP Development/Review/Revision , Proper Written Notice
Decision Summary
____________
The ALJ concluded that there were no procedural violations which prevented the parents from meaningful participation in the development of the IEP for the 2010-2011 school year, and that the IEP was reasonably calculated to provide the student with FAPE. As a result, the ALJ determined that the parents are not entitled to reimbursement for nonpublic tuition for the 2010-2011 school year.

Public Agency OAH Case #
______________
Decision Date
Hearing Requested By Issues
Anne Arundel County
Public Schools
10-H-AARU-41130 01/06/2011 Parent/Guardian Compensatory Services, IEP Development/Review/Revision, Reimbursement
Decision Summary
____________
The ALJ concluded that the parent is not entitled to an award of attorney fees, is not entitled to compensatory education for the 2007-2008 school year, and is not entitled to reimbursement for any expenses associated with the August, 2010 IEP.

Public Agency OAH Case #
______________
Decision Date
Hearing Requested By Issues
Howard County
Public Schools

10-H-HOWD-23603

10-H-HOWD-23603 Part 2

02/04/2011 Parent/Guardian Compensatory Services, IEP Development/Review/Revision, Placement/LRE/complainant requesting more restrictive, Tuition Reimbursement
Decision Summary
____________
The ALJ concluded that the parents failed to establish that the 2008-2009, 2009-2010, and 2010-2011 IEPs were not reasonably calculated to offer the Student educational benefit, and that the IEP and placement proposed is reasonably calculated to offer the student with FAPE.

Public Agency OAH Case #
______________
Decision Date
Hearing Requested By Issues
Howard County Public Schools
10-H-HOWD-45135 03/08/2011 Parent/Guardian Identification/Evaluation/Reevaluation-Part B, IEP Development/Review/Revision
Decision Summary
____________
The ALJ concluded that the school system's determination that the student is a student with mulitiple disabilities is appropriate and denied the parent's request to have the student identified as a student with an intellectual disability.

Public Agency OAH Case #
______________
Decision Date
Hearing Requested By Issues
Montgomery County
Public Schools

10-H-MONT-36716
The information contained in this decision could not be redacted sufficiently to ensure the confidentiality of the student, therefore, the decision is being withheld for release.

03/21/2011 Parent/Guardian IEP Development/Review/Revision, Placement/LRE/complainant requesting less restrictive, Tuition Reimbursement
Decision Summary
____________

The ALJ concluded that the IEP for the 2009-2010 school year was appropriate and the student's parents are not entitled to reimbursment for the tuition of the nonpublic school in which they enrolled the student.


Public Agency OAH Case #
______________
Decision Date
Hearing Requested By Issues
Montgomery County
Public Schools
10-H-MONT-45893 02/16/2011 Parent/Guardian IEP Development/Review/Revision, IEP Implementation-accommodations, aids & services, modifications
Decision Summary
____________
The ALJ concluded that the student's IEP has not been implemented as written since September 22, 2010 because the student's parent has forbidden it. However, the ALJ concluded that this failure to implement the IEP has not resulted in a denial of FAPE.

The ALJ concluded that the student's parent did not effectuate a revoction of consent in accordance with the regulations, but that the school system has nevertheless honored the parents request.


Public Agency OAH Case #
______________
Decision Date
Hearing Requested By Issues
Montgomery County
Public Schools
10-H-MONT-46104 03/30/2011 Parent/Guardian IEP Development/Review/Revision, Tuition Reimbursement
Decision Summary
____________
The ALJ concluded that the parents did not meet their burden to show that the school system committed a procedural or substantive error that amounted to the denial of FAPE for the 2008-2009 or the 2009-2010 school year.

The ALJ concluded that the parents did not meet their burden to show that the IEP for the 2010-2011 school year was inappropriate and that they are not entitled to tuition reimbursement.


Contact Information
Maryland State Department of Education
Division of Special Education/Early Intervention Services
200 West Baltimore Street
Baltimore, MD 21201
Phone:  410-767-0238
Fax:  410-333-0664
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