Due Process Hearing Decisions - FY23 - 4th Quarter

(April 1, 2023 – June 30, 2023)

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
23-H-AARU-10409 6/22/2023Parent/GuardianESY Determination
Decision Summary: The ALJ concluded that the local education agency properly determined that the Student was not eligible for Extended School Year services for the summer of 2023.

Baltimore County Public Schools

OAH Case #Decision DateHearing Requested ByIssues
23-H-BCNY-00391 4/10/2023Parent/GuardianNonpublic Placement/Tuition, Reimbursement
Decision Summary: The ALJ determined that the LEA proposed an appropriate placement to provide the student with a FAPE. Therefore, the parents’ request for a nonpublic placement at public expense and reimbursement for tuition was denied.
23-H-BCNY-03421 6/23/2023Parent/GuardianIdentification/Evaluation/Reevaluation-Part B, IEP Development/Review/Revision, Placement Determination
Decision Summary: The ALJ concluded that the parents failed to prove that the local school system recommended appropriate services and placement, failed to develop an appropriate IEP, and failed to provide a FAPE for the student in the 2021-2022 and 2022-2023 school years and summer 2022. The parents’ request for placement and funding was dismissed without merit.

Carroll County Public Schools

OAH Case #Decision DateHearing Requested ByIssues
23-H-CRRL-04644 6/16/2023Parent/GuardianIEP Implementation-Placement, Placement Determination
Decision Summary: The ALJ determined that the local school system provided the student with an IEP reasonably calculated to offer a FAPE in the least restrictive environment (LRE) and, therefore, the parents’ request for a nonpublic placement was dismissed.

Montgomery County Public Schools

OAH Case #Decision DateHearing Requested ByIssues
22-H-MONT-23653 4/28/2023Parent/GuardianNonpublic Placement/Tuition, Reimbursement
Decision Summary: The ALJ concluded that the parents did not demonstrate that the school system failed to provide the student with a FAPE and, therefore, the parent was not entitled to receive tuition reimbursement for the 2022-2023 school year.
22-H-MONT-23961 4/5/2023Public AgencyParental Consent, Placement Determination
Decision Summary: The ALJ concluded that the local education agency provided a reasonably calculated alternative placement to provide a FAPE for the student in the least restrictive environment in accordance with the IDEA.
22-H-MONT-25501 4/19/2023Parent/GuardianNonpublic Placement/Tuition, Reimbursement
Decision Summary: The ALJ determined that the parent did not demonstrate that the LEA failed to provide the student with a FAPE and, therefore, the parents’ request for a nonpublic placement and reimbursement for tuition and expenses was denied for the school year 2022-2023.
22-H-MONT-29029 4/7/2023Parent/GuardianNonpublic Placement/Tuition Reimbursement
Decision Summary: The ALJ determined that the LEA provided the student with a reasonably calculated IEP and placement to offer a FAPE and, therefore, the parents’ request for a nonpublic placement at public expense and reimbursement for tuition was denied.


Maryland State Department of Education
Division of Early Intervention and Special Education Services
200 West Baltimore Street
Baltimore, MD 21201
Phone: (410) 767-7770
Fax: (410) 333-0664