Due Process Hearing Decisions - FY21 - 2nd Quarter

(October 1, 2020 – December 31, 2020)

Due Process Hearing Decisions - Fiscal Year 2021

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 Date
​Hearing Requested By
​Issues

20-H-AARU-09996

10/23/2020

​Parent/Guardian

Placement/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 Date
​Hearing Requested By
​Issues

20-H-FRED-08811

10/2/2020

​Parent/Guardian

IEP 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 Date
​Hearing Requested By
​Issues

20-H-MONT-02036 & 20-H-MONT-02038

10/1/2020

​Parent/Guardian

IEP 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.


Montgomery County Public Schools

​OAH Case #
​Decision Date
​Hearing Requested By
​Issues

20-H-MONT-12273

10/9/2020

​Public Agency

Independent 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.


Montgomery County Public Schools

​OAH Case #
​Decision Date
​Hearing Requested By
​Issues

20-H-MONT-11841

11/1/2020

​Parent/Guardian

Placement 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.


Montgomery County Public Schools

​OAH Case #
​Decision Date
​Hearing Requested By
​Issues

20-H-MONT-15904

12/16/2020

​Parent/Guardian

IEP 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.


Montgomery County Public Schools

​OAH Case #
​Decision Date
​Hearing Requested By
​Issues

20-H-MONT-14814

12/18/2020

​Parent/Guardian

Reimbursement, 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 Date
​Hearing Requested By
​Issues

20-H-MONT-11499

12/22/2020

​Parent/Guardian

Nonpublic 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.


Montgomery County Public Schools

​OAH Case #
​Decision Date
​Hearing Requested By
​Issues

20-H-MONT-14883

12/30/2020

​Parent/Guardian

Placement 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 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