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/Guardian
Determination of Eligibility, Identification/Evaluation/Reevaluation-Part B
Decision Summary: The ALJ ruled in favor of the school system and granted summary decision as the parents previous complaint has been dismissed and the complaint is moot as the requested relief had been obtained.

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 the 2022-2023 school years. The ALJ concluded that the Student’s IEPs for the 2021-2022 and 2022- 2023 school years were reasonably calculated to enable the Student to make progress in light of his unique circumstances, and therefore, provided a FAPE. The ALJ further concluded that the local school system denied the Student a FAPE during a portion of the 2022-2023 school year by failing to provide the Student with speech and language services between September 2022 and December 2022.
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 local education agency denied the Student a FAPE by failing to provide co-teacher support as required under specified IEPs, the Student is not entitled to compensatory services as he continued to make progress both academically and, on his IEP, goals. In addition, the ALJ concluded that no IDEA violations occurred with placement when the student transferred from one comprehensive high school to another.
23-H-MONT-23394 3/28/2024Parent/GuardianNonpublic Placement/Tuition Reimbursement
Decision Summary: The ALJ concluded that the IEPs and placement proposed by the local school system for the 2022-2023 and 2023-2024 school years were not reasonably calculated to offer the Student a FAPE. Therefore, the ALJ concluded that the parents are entitled to receive reimbursement for the 2022-2023 and 2023-2024 school years and were entitled to placement at the non-public school for the 2023-2024 school year.
23-H-MONT-23395 2/7/2024Parent/GuardianIEP Implementation-Placement, Placement/LRE/complainant requesting less restrictive
Decision Summary: The ALJ concluded that the Parents and Student did not meet their burden of proof to show that MCPS requesting less restrictive denied the Student a FAPE for the 2023-2024 school year by failing to develop an appropriate IEP that would provide an appropriate placement in a less restrictive environment and transportation services.
23-H-MONT-28930 2/22/2024Parent/GuardianIEP Development/Review/Revision, Placement/LRE/complainant requesting less restrictive
Decision Summary: The ALJ concluded that the local school system's IEP provided the Student with a FAPE in the least restrictive environment based on the referral for the nonpublic school, and that the local school system did not commit a procedural violation impeding the parent from participating in the IEP meeting.

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