Due Process Hearing Decisions - FY24 - 4th Quarter

(April 1, 2024 – June 30, 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-209345/8/2024Parent/GuardianNonpublic Placement/Tuition Reimbursement, Placement Determination
Decision Summary: The ALJ concluded that the IEP and placement proposed by Baltimore County Public Schools for the 2023-2024 school year was not reasonably calculated to offer the student a free appropriate public education. Therefore, the parents are not entitled to receive reimbursement as a result of their placement of the student at a non- public school for the 2023-2024 school year.

Carroll County Public Schools

OAH Case #Decision DateHearing Requested ByIssues
24-H-CRRL-029446/21/2024Parent/GuardianNonpublic Placement/Tuition Reimbursement
Decision Summary:The ALJ concluded that the student was not denied a FAPE for the 2022-2023 or 2023-2024 school years. In addition, the ALJ concluded that the local education agency did not fail to act in accordance with the procedural requirements of the IDEA by failing to offer a placement by the start of the 2022-2023 school year or in developing an appropriate IEP for the Student leading up to the 2023-2024 school year because it did not impede the Student’s right to a FAPE, significantly impede the Parents’ opportunity to participate in the decision making process regarding the provision of a FAPE to the Student, or cause a deprivation of educational benefits. Therefore, the parents were not entitled to reimbursement of the non-public school or other relief for either the 2022-2023 or 2023-2024 school year.

Montgomery County Public Schools

OAH Case #Decision DateHearing Requested ByIssues
24-H-MONT-017965/17/2024Parent/GuardianNonpublic Placement/Tuition Reimbursement
Decision Summary: The ALJ concluded that the program proposed by the local education agency for the 2023-23 school year was reasonably calculated to provide the student educational benefits in the Least Restrictive Environment and provided a Free Appropriate Public Education for the Student. The parents were not entitled to reimbursement for tuition at the nonpublic school.
24-H-MONT-033755/23/2024
Parent/Guardian
IEP Development/Review/Revision, Parental Consent
Decision Summary: The ALJ determined that there were no material facts in dispute regarding whether the parent was entitled to injunctive and a stay of the implementation of the IEP. The ALJ also concluded that until a decision is made regarding which parent will make educational decision for the student, the LEA's Motion for Summary Decision was granted and the due process complaint was dismissed without prejudice.
24-H-MONT-033926/12/2024Parent/GuardianCompensatory Services, Nonpublic Placement/Tuition Reimbursement
Decision Summary: The ALJ concluded that the IEPs and placement proposed by LEA for the 2023-2024 school year were not reasonably calculated to offer the Student a FAPE, therefore the parent was entitled to compensatory education for 2023-2024 with placement of the student at a non-public school for the 2024-2025 school year.
24-H-MONT-036454/22/2024Parent/GuardianIEP Implementation-classroom instruction, IEP Implementation-accommodations, aids & services, modifications
Decision Summary: The ALJ concluded that the Parent’s claim regarding the LEA's denial of an audit for the 2023-2024 classes without attendance or grading requirements failed to state a claim upon which relief may be granted under the IDEA, therefore granting LEA’s Motion for Summary Decision.
24-H-MONT-073536/7/2024Public AgencyIndependent Educational Evaluation Procedures
Decision Summary: The ALJ concluded that the psychological assessments and speech- language assessments were appropriate and that the Parents’ request for independent psychological and speech language evaluations at public expense were denied.
24-H-MONT-077856/11/2024Public AgencyIndependent Educational Evaluation Procedures
Decision Summary: The ALJ concluded that the local education agency (LEA) failed to comply with Maryland law in responding to the parents request for an Independent Educational Evaluation (IEE) at public expense, and that the LEA was required to provide the IEE at the public expense

Prince George's County Public Schools

OAH Case #Decision DateHearing Requested ByIssues
24-H-PGEO-05565
4/15/2024Parent/GuardianIEP Development/Review/Revision, Behavior Interventions (COMAR regulations), Disciplinary Procedures
Decision Summary: The ALJ concluded that the student's behaviors were not a manifestation of the student’s disability as a result of a disciplinary removal, and the LEA did not deny the student a free and appropriate public education under Section 504 Rehabilitation Act.



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