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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.
23-H-BCNY-06854
8/2/2023
Parent/Guardian
Identification/Evaluation/Reevaluation-Part B
Decision Summary: The ALJ concluded that the local education agency met its child find obligations with regard to the student during the 2021-2022 school year, and did not fail to provide a FAPE by refusing to identify the child's disability in need of special education and provide an IEP. Therefore the parent's request was denied.
23-H-BCNY-16365
9/28/2023
Compensatory Services, IEP Implementation-speech/language services, Placement Determination
Decision Summary: The ALJ concluded that the LEA failed to provide a free appropriate public education when speech-language services during the specified time were not provided. As a result, the ALJ concluded the student is entitled to compensatory service hours for speech-language pathology services. The LEA did not fail to provide FAPE in subsequent years, and the placement determination was appropriate. The parent’s request for a nonpublic placement was denied.
23-H-FRED-00455
7/27/2023
Compensatory Services, Nonpublic Placement/Tuition Reimbursement
Decision Summary: The ALJ determined that the student had been denied a FAPE and, as a result, ordered the local school system to fund tutoring in the nonpublic placement for the 2023-2024 school year as compensatory education services.
22-H-HOWD-28938
7/18/2023
Compensatory Services, Identification/Evaluation/Reevaluation-Part B
Decision Summary: The ALJ concluded that the parent's concerns were moot as the student had earned her diploma. Additionally, the local education agency had considered the student’s eligibility for special education services for the specified school years and found the student not eligible. Accordingly, they met their child find obligation and were not required to provide a FAPE.
23-H-HOWD-06747
8/11/2023
Determination of Eligibility, Nonpublic Placement/Tuition Reimbursement, Placement
Decision Summary: The ALJ concluded that the school system attempted to comply with state and federal regulations concerning identification of SLD, however, the nonpublic school did not permit observations. Therefore, the LEA had limited information to determine eligibility. Based on the information available, the LEA met its child find obligations, and parents were denied placement at the non public school for the 2023-2024 school year.
23-H-MONT-09157
8/25/2023
Nonpublic Placement/Tuition Reimbursement
Decision Summary: The ALJ determined that the local education agency provided the student with a FAPE and an appropriate IEP and placement for the 2022-2023 and 2023-2024 school year. Therefore, the parents’ request for a nonpublic placement and reimbursement and tuition expense for the 2022-2023 school year was denied.
23-H-MONT-11976
7/14/2023
Public Agency
Independent Educational Evaluation Procedures
Decision Summary: The ALJ determined that the evaluations conducted were appropriate and, as a result, the parents' request for IEEs at public expense were denied.