Due Process Hearing Decisions - FY23 - 2nd Quarter

(October 1, 2022 – December 31, 2022)

Due Process Hearing Decisions - Fiscal Year 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.


Baltimore County Public Schools

​OAH Case #
​Decision Date
​Hearing Requested By
​Issues
22-H-BCNY-21250
11/23/2022

Parent/Guardian

Nonpublic Placement/Tuition, Reimbursement

Decision Summary: The ALJ determined that the Local Education Agency (LEA) made a FAPE available and, therefore, the parents’ request for a nonpublic placement at public expense and reimbursement for tuition was denied.


Baltimore County Public Schools

​OAH Case #
​Decision Date
​Hearing Requested By
​Issues
22-H-BCNY-23373
11/16/2022

Parent/Guardian

IEP Implementation-classroom instruction

Decision Summary: The ALJ determined that the local school system provided the student with an IEP reasonably calculated to provide a FAPE for the 2022-2023 school year and, therefore, the parents’ request for nonpublic placement  was denied.


Baltimore City Public Schools

​OAH Case #
​Decision Date
​Hearing Requested By
​Issues
22-H-CITY-18973
12/20/2022

Parent/Guardian

Child Find, Nonpublic Placement/Tuition Reimbursement

Decision Summary: The ALJ concluded that the LEA failed to respond within timelines to a Child Find referral and as a result, failed to provide the student a free and appropriate education (FAPE) for dates specified. Accordingly, the parent's request for placement and reimbursement for tuition, costs, and expenses at the parentally placed nonpublic school is granted during the period of the delay at the expense of the LEA.


Montgomery County Public Schools

​OAH Case #
​Decision Date
​Hearing Requested By
​Issues
22-H-MONT-15852
11/30/2022

Parent/Guardian

Nonpublic Placement/Tuition Reimbursement, Placement Determination

Decision Summary: The ALJ concluded that the parents failed to prove they are entitled to reimbursement for tuition and expenses for their parental placement at a nonpublic special education day school; the local school system made a FAPE available for the student.



Contact Information
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