(July 1, 2023 – September 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.
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23-H-BCNY-06854 | 8/2/2023 | Parent/Guardian | Identification/Evaluation/Reevaluation-Part B |
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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. |
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23-H-BCNY-16365 | 9/28/2023 | Parent/Guardian | Compensatory Services, IEP Implementation-speech/language services, Placement Determination |
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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. |
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23-H-FRED-00455 | 7/27/2023 | Parent/Guardian | Compensatory Services, Nonpublic Placement/Tuition Reimbursement |
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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. |
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22-H-HOWD-28938 | 7/18/2023 | Parent/Guardian | Compensatory Services, Identification/Evaluation/Reevaluation-Part B |
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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. |
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23-H-HOWD-06747 | 8/11/2023 | Parent/Guardian | Determination of Eligibility, Nonpublic Placement/Tuition Reimbursement, Placement |
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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 nonpublic school for the 2023-2024 school year. |
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23-H-MONT-09157 | 8/25/2023 | Parent/Guardian | Nonpublic Placement/Tuition Reimbursement |
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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 years. Therefore, the parents’ request for a nonpublic placement and reimbursement and tuition expense for the 2022-2023 school year was denied. |
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23-H-MONT-11976 | 7/14/2023 | Public Agency | Independent Educational Evaluation Procedures |
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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. |
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