Due Process Hearing Decisions - FY21 - 2nd Quarter

October 1, 2020 – December 31, 2020

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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.

Anne Arundel County Public Schools

OAH Case #Decision DateHearing Requested ByIssues
20-H-AARU-09996 10/23/2020Parent/GuardianPlacement/LRE/complainant requesting less restrictive, Reimbursement, IEP Implementation-classroom instruction, IEP Implementation-Placement
Decision Summary: The ALJ determined that the LSS provided the student with a FAPE and, therefore, the parents’ due process complaint was denied.

Frederick County Public Schools

OAH Case #Decision DateHearing Requested ByIssues
20-H-FRED-08811 10/2/2020Parent/GuardianIEP Development/Review/Revision, Nonpublic Placement/Tuition, Reimbursement
Decision Summary: The ALJ determined that the student had been denied a FAPE and, as a result, ordered reimbursement to the parent for the previous school year. Further, the ALJ required the school system to fund the unilateral nonpublic placement for the remainder of the current school year.

Montgomery County Public Schools

OAH Case #Decision DateHearing Requested ByIssues
20-H-MONT-02036 & 20-H-MONT-02038 10/1/2020Parent/GuardianIEP Implementation-Placement, Placement Determination
Decision Summary: The ALJ determined the school system could override the parents’ refusal to give consent for the student to be placed in a MCPS education program that does not issue or provide credits toward a Maryland high school diploma.
20-H-MONT-12273 10/9/2020Public AgencyIndependent Educational Evaluation Procedures
Decision Summary: The ALJ determined that the psychological evaluation conducted by the school system was not appropriate and, therefore, required the school system to pay for an IEE.
20-H-MONT-11841 11/1/2020Parent/GuardianPlacement Determination
Decision Summary: The ALJ determined that the school system provided the student with a FAPE and, therefore, the parents’ request for a nonpublic placement, at public expense, and reimbursement for tuition was denied.
20-H-MONT-15904 12/16/2020Parent/GuardianIEP Implementation-speech/language services, ESY Determination, IEP Implementation-accommodations, aids & services, modifications, IEP Implementation-OT
Decision Summary: The ALJ determined that the school system offered the student a FAPE and, therefore, the parents’ due process complaint was denied.
20-H-MONT-14814 12/18/2020Parent/GuardianReimbursement, Nonpublic Placement/Tuition Reimbursement
Decision Summary: The ALJ determined that the student had been denied a FAPE and, as a result, ordered reimbursement to the parent for the previous school year. Further, the ALJ required the school system to fund the unilateral nonpublic placement for the remainder of the current school year.
20-H-MONT-11499 12/22/2020Parent/GuardianNonpublic Placement/Tuition Reimbursement
Decision Summary: The ALJ determined that the LSS provided the student with a FAPE and, therefore, the parents’ request for a nonpublic placement, at public expense, and reimbursement for tuition was denied.
20-H-MONT-14883 12/30/2020Parent/GuardianPlacement Determination, Reimbursement
Decision Summary: The ALJ determined that the school system provided the student with a FAPE and, therefore, the parents’ request for a nonpublic placement, at public expense, and reimbursement for tuition was denied.

Contact:

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