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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.
22-H-BCNY-24179
Parent/Guardian
IEP Implementation- accommodations, aids & services, modifications, Placement Determination
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.
23-H-BCNY-01169
Identification/Evaluation/ Reevaluation-Part B, Parental Consent
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.
22-H-MONT-28875
Nonpublic Placement/Tuition Reimbursement
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.
22-H-MONT-31222
IEP Implementation- accommodations, aids & services, modifications, IEP Implementation-transportation
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.
22-H-PGEO-21157
IEP Implementation- accommodations, aids & services, modifications
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.
22-H-QANN-31189
Compensatory Services, Disciplinary Procedures, Evaluation/Assessment-FBA, IEP Implementation-accommodations, aids & services, modifications, Placement Determination
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.