Due Process Hearing Decisions - FY24 - 3rd Quarter

(January 1, 2024 – March 31, 2024)

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 DateHearing Requested ByIssues
23-H-BCNY-26788 1/19/2024Parent/GuardianDetermination of Eligibility, Identification/Evaluation/Reevaluation-Part B
Decision Summary: The ALJ ruled in favor of the school system and granted a summary decision as the court has previously ruled on the same issue in a prior complaint.

Montgomery County Public Schools

OAH Case #Decision DateHearing Requested ByIssues
23-H-MONT-22059 2/23/2024Parent/GuardianCompensatory Services, IEP Implementation-speech/language services
Decision Summary: The ALJ concluded that the Student failed to prove that delayed completion and implementation of the FBA and the BIP resulted in a denial of a FAPE for the 2021-2022 and 2022-2023 school years. However, the LEA failed to provide speech and language services from September to December 2022 and was required to provide compensatory services.
23-H-MONT-22267 3/8/2024Parent/GuardianCompensatory Services, IEP Development/Review/Revision, IEP Implementation-accommodations, aids & services, modifications, Placement
Decision Summary: The ALJ concluded that although the LEA denied the Student a FAPE by failing to provide co-teacher support as required under the IEPs, the Student was not entitled to compensatory services because academic progress was made.
23-H-MONT-23394 3/28/2024Parent/GuardianNonpublic Placement/Tuition Reimbursement
Decision Summary: The ALJ concluded that the IEPs and placement proposed by the LEA for the 2022-2023 and 2023-2024 school years were not reasonably calculated to offer the Student a FAPE. Therefore, reimbursement for unilateral placement in a nonpublic school was awarded, along with placement for 2023-2024.
23-H-MONT-25195 2/7/2024Parent/GuardianIEP Implementation-Placement, Placement/LRE/complainant requesting less restrictive
Decision Summary: The ALJ concluded that the Parents and Student did not prove by a preponderance of evidence that the LEA denied FAPE or failed to develop an appropriate IEP for the 2023-2024 school year.
23-H-MONT-28930 2/22/2024Parent/GuardianIEP Development/Review/Revision, Placement/LRE/complainant requesting less restrictive
Decision Summary: The ALJ concluded that the IEP provided FAPE in the least restrictive environment and that the LEA did not commit a procedural violation impeding the parent from participating in the IEP process.

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