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Divisions
Divisions > Special Education and Early Intervention > Complaint Investigation and Due Process Branch
Due Process Hearing Decision - FY08 - 3rd Quarter
(January 1, 2008 - March 31, 2008)

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.
Public Agency OAH Case #
______________
Decision Date
Hearing Requested By Issues
Anne Arundel County Public Schools
07-H-AARU-34889
3/4/2008
Parent/Guardian Tuition Reimbursement
Decision Summary
____________
The parents failed to establish that the AACPS IEP and placement were not appropriate to provide the student FAPE, therefore, the ALJ denied their request for tuition reimbursement.

Public Agency OAH Case #
______________
Decision Date
Hearing Requested By Issues
Harford County Public Schools
07-H-HARF-40355
1/16/2008
Parent/Guardian Independent Educational Evaluation Procedures, Tuition Reimbursement
Decision Summary
____________
The ALJ denied the parent's request for tuition reimbursement for their unilateral placement of the student in a nonpublic school, as they failed to avail themselves to the development of an IEP; the parent's request for reimbursement of an educational evaluation was also denied as the parents never notified HCPS that they disagreed with their evaluation of the student.

Public Agency OAH Case #
______________
Decision Date
Hearing Requested By Issues
Howard County Public Schools
07-H-HOWD-43928
2/8/2008
Public Agency IEP Development/Review/Revision, Independent Educational Evaluation Procedures, Placement/ LRE/complainant requesting more restrictive
Decision Summary
____________
The ALJ concluded the HCPS evaluation of the student was appropriate and denied the parent's request for an independent evaluation at public expense. The ALJ further concluded the IEP and placement in a more restrictive environment is appropriate to provide the student FAPE in the LRE.

Public Agency OAH Case #
______________
Decision Date
Hearing Requested By Issues
Montgomery County Public Schools
07-H-MONT-25153
2/20/2008
Parent/Guardian ESY Determination, IEP Development/Review/ Revision , Tuition Reimbursement
Decision Summary
____________
The ALJ concluded the IEP and placement are appropriate to provide the student FAPE, therefore, denied the parent's request for tuition reimbursement. Also, the parents presented no evidence that MCPS failed to provide appropriate ESY services.

Public Agency OAH Case #
______________
Decision Date
Hearing Requested By Issues
Montgomery County Public Schools
07-H-MONT-33415
2/6/2008
Parent/Guardian IEP Development/Review/Revision, Tuition Reimbursement
Decision Summary
____________
The ALJ concluded the proposed IEP and placement are appropriate to provide the student FAPE, therefore, denied the parent's request for tuition reimbursement.

Public Agency OAH Case #
______________
Decision Date
Hearing Requested By Issues
Montgomery County Public Schools
07-H-MONT-44627
3/31/2008
Parent/Guardian IEP Development/Review/Revision, Nonpublic Placement
Decision Summary
____________
The ALJ concluded the IEP and placement are appropriate to provide the student FAPE, therefore, denied the parent's request for nonpublic placement (see companion case #07-H-MONT-48027 below).

Public Agency OAH Case #
______________
Decision Date
Hearing Requested By Issues
Montgomery County Public Schools
07-H-MONT-48027
3/31/2008
Public Agency IEP Development/Review/Revision, Nonpublic Placement
Decision Summary
____________
The ALJ concluded the IEP and placement are appropriate to provide the student FAPE (see companion case #07-H-MONT-44627 above).

Public Agency OAH Case #
______________
Decision Date
Hearing Requested By Issues
Montgomery County Public Schools
08-H-MONT-00047
2/25/2008
Parent/Guardian Identification/Evaluation/ Reevaluation, IEP Development/ Review/Revision
Decision Summary
____________
The ALJ concluded that the parent has refused to provide consent for special education and related services, therefore, MCPS is not required to provide such services. In light of the above decision, the ALJ did not address all the other issues identified in the complaint.

Public Agency OAH Case #
______________
Decision Date
Hearing Requested By Issues
Montgomery County Public Schools
08-H-MONT-00545
2/19/2008
Parent/Guardian IEP Development/Review/Revision, Placement/ LRE/complainant requesting less restrictive
Decision Summary
____________
The ALJ concluded the IEP and placement are appropriate to provide the student FAPE in LRE, therefore, denied the parent's request for a less restrictive placement.

Public Agency OAH Case #
______________
Decision Date
Hearing Requested By Issues
Montgomery County Public Schools
08-H-MONT-01822
2/28/2008
Parent/Guardian IEP Development/Review/Revision, Placement
Decision Summary
____________
The ALJ concluded the parent failed to establish that the MCPS IEP and placement did not provide the student FAPE.

Public Agency OAH Case #
______________
Decision Date
Hearing Requested By Issues
Montgomery County Public Schools
08-H-MONT-04528
3/19/2008
Parent/Guardian IEP Development/Review/Revision, Tuition Reimbursement
Decision Summary
____________
The ALJ concluded the IEP and placement are appropriate to provide the student FAPE, therefore, denied the parent's request for tuition reimbursement.

Public Agency OAH Case #
______________
Decision Date
Hearing Requested By Issues
Prince George's County Public Schools                
07-H-PGEO-32710
2/19/2008
Parent/Guardian Compensatory Services, IEP Development/Review/Revision, Tuition Reimbursement
Decision Summary
____________
The ALJ concluded the IEP and placement are appropriate to provide the student FAPE, therefore, denied the parent's request for compensatory services and tuition reimbursement.


Contact Information
Maryland State Department of Education
Division of Special Education/Early Intervention Services
200 West Baltimore Street
Baltimore, MD 21201
Phone:  410-767-0238
Fax:  410-333-0664
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