- - - - - - - - - - - - - - - - - - - - - -
 Divisions
  Overview
  Academic Policy & Innovation
  Accountability, Assessment, and Data Systems
  Career and College Readiness
  Communications, Partnerships, and Grants
  Curriculum, Assessment & Accountability
  Educator Effectiveness
  Early Childhood Development
  Finance
  Information Technology
  Library Services
  Office of the State Superintendent
  Rehabilitation Services
  Special Education and Early Intervention
     Overview
     Individuals With Disabilities Education Act
     Information
     Early Intervention and Preschool Special Education
     Individuals with Disabilities Education Improvement Act of 2004
     Mod-HSA Procedures and Processes
     Interagency Rates
     Upcoming Events
     Fact Sheets
     Family Support and Dispute Resolution Branch
        Hearing Decisions
           2010
           2011
           2012
        Complaint Letters
     IDEA
     State Interagency Coordinating Council
     Policy and Accountability Branch
     Interagency Collaboration Branch
     Specialized Services Branch
     Resource Management and Monitoring Branch
     Programmatic Support and Technical Assistance
  Student, Family, and School Support
Divisions
Divisions > Special Education and Early Intervention > Family Support and Dispute Resolution Branch > Hearing Decisions > 2011
Due Process Hearing Decisions - FY11 - 2nd Quarter
(October 1, 2010 - December 31, 2010)

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
10-H-BCNY-30698
11/8/2010
Parent/Guardian IEP Development/Review/Revision
Decision Summary
____________
The ALJ concluded that the student's IEP and proposed placement for the 2010-2011 school year were inapprorpriate and the school system must convene an IEP team meeting and revise the student's IEP.

Public Agency OAH Case #
______________
Decision Date
Hearing Requested By Issues
Frederick County
Public Schools
10-H-FRED-14168 10/20/2010 Parent/Guardian IEP Development/Review/Revision, Tuition Reimbursement
Decision Summary
____________
The ALJ concluded that the IEP and proposed placement for the 2009-2010 school year were reasonably calculated to offer the student FAPE and the parents are not entitled to tuition reimbursement for the nonpublic school in which they placed the student.

Public Agency OAH Case #
______________
Decision Date
Hearing Requested By Issues
Howard County
Public Schools
10-H-HOWD-30064 11/10/2010 Public Agency Evaluation/Assessment, Independent Educational Evaluation Procedures
Decision Summary
____________
The ALJ concluded that the assessments conducted by the school system were appropriate and that the student's parent is not entitled to an IEE at public expense.

Public Agency OAH Case #
______________
Decision Date
Hearing Requested By Issues
MD School for the Blind
10-H-MSB-37342 12/13/2010 Parent/Guardian IEP Development/Review/Revision, Placement/LRE/complainant requesting less restrictive
Decision Summary
____________
The ALJ concluded that the parent failed to meet the burden of proof to show that the IEP for the 2010-2011 school year was inappropriate.

Public Agency OAH Case #
______________
Decision Date
Hearing Requested By Issues
Montgomery County
Public Schools
10-H-MONT-22514 11/1/2010 Parent/Guardian IEP Development/Review/Revision, Placement/LRE/complainant requesting more restrictive, Tuition Reimbursement
Decision Summary
____________
The ALJ concluded that the IEP and placement proposed by the school system for the 2010-2011 school year were appropriate and denied the parents' request for placement at a nonpublic school. The ALJ concluded that the math calculation goal required "re-drafting."

Public Agency OAH Case #
______________
Decision Date
Hearing Requested By Issues
Montgomery County
Public Schools
10-H-MONT-27944 11/15/2010 Parent/Guardian IEP Development/Review/Revision
Decision Summary
____________
The ALJ concluded that the student's current placement is not a change in placement for the purposes of "stay put." The ALJ also concluded that the IEP and proposed placement for the 2010-2011 school year are appropriate.

Public Agency OAH Case #
______________
Decision Date
Hearing Requested By Issues
Montgomery County
Public Schools
10-H-MONT-30246 10/14/2010 Parent/Guardian IEP Development/Review/Revision, Placement /LRE/compainant requesting less restrictive
Decision Summary
____________
The ALJ concluded that the parent failed to meet the burden of proof to offer any evidence that creates a dispute about whether the school system failed to provide FAPE. The ALJ granted the school system's motion to dismiss the hearing petition.

Public Agency OAH Case #
______________
Decision Date
Hearing Requested By Issues
Worcester County
Public Schools
*10-H-WORC-36825 11/22/2010 Parent/Guardian Behavior Intervention (COMAR regulations), IEP Development/Review/revision, IEP Implementation-accommodations, aids & services, modifications
Decision Summary
____________

The ALJ concluded that the IEPs in effect for the student between October 2008 and October 2010 were appropriate. The ALJ concluded that the IEPs in effect were implemented, there was no delay in conducting the FBA, and the BIP, once developed, was implemented.

Appeal information: US District Court Case #1:11 cv711



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
MSDE Privacy Statement Disclaimer  | Copyright © 2003 MSDE