(January 1, 2023 – March 31, 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.
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22-H-BCNY-24179 | 2/10/2023 | Parent/Guardian | IEP Implementation- accommodations, aids & services, modifications, Placement Determination |
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Decision Summary: The ALJ concluded that the BCPS offered the student an appropriate Individualized Education Program, including related services and placement, for the 2022-2023 school year, therefore dismissing the parents' request for reimbursement and placement at a private school. |
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23-H-BCNY-01169 | 3/16/2023 | Parent/Guardian | Identification/Evaluation/Reevaluation-Part B, Parental Consent |
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Decision Summary: The ALJ concluded that the LEA is entitled to summary decision because the Parents failed to provide consent for a reevaluation by the LEA to determine the Student’s continued eligibility under the IDEA. |
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22-H-MONT-28875 | 2/2/2023 | Parent/Guardian | Nonpublic Placement/Tuition Reimbursement |
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Decision Summary: The ALJ ruled in favor of the school system and granted a summary decision as the complaint was unclear on its face and did not provide the LEA with sufficient notice of the subject and content of the due process hearing. |
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22-H-MONT-31222 | 2/27/2023 | Parent/Guardian | IEP Implementation- accommodations, aids & services, modifications, IEP Implementation-transportation |
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Decision Summary: The ALJ ruled in favor of the school system and granted a summary decision as the issue had previously been resolved through settlement. The ALJ found that when the parties agreed that the settlement agreement resolved all issues related to a FAPE, it included transportation services. |
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22-H-PGEO-21157 | 2/23/2023 | Parent/Guardian | IEP Implementation- accommodations, aids & services, modifications |
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Decision Summary: The ALJ ordered that the local school system's motion to dismiss or for summary decision is granted as the student had graduated with a diploma and was not entitled to protections or services pursuant to the IDEA. |
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22-H-QANN-31189 | 2/10/2023 | Parent/Guardian | Compensatory Services, Disciplinary Procedures, Evaluation/Assessment-FBA, IEP Implementation-accommodations, aids & services, modifications, Placement Determination |
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Decision Summary: The ALJ concluded that the student was not provided access to special education services; educational services to access the general education curriculum; and improperly received educational services at home while he was removed for disciplinary purposes which resulted in a denial of a FAPE and a deprivation of an educational benefit. In addition, the ALJ concluded that the Student is entitled to receive a functional behavioral assessment, and behavioral intervention services and modifications, that are designed to address the behavior violation so that it does not recur. |
Contact:
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