Wagner v. Board of Educ. of Montgomery County, Md.
District Court, D. Maryland
1Opinion of the Court
MEMORANDUM OPINION
CHASANOW, District Judge.
Daniel Wagner, an autistic child who is now six years old, was without educational services for over four months despite the existence of an Independent Educational Plan (“IEP”) that provided for the County to provide 30 hours of in home applied behavioral analysis (“ABA”). The reasons for this unfortunate situation are complex and the remedy has proven elusive. Nevertheless, based on the evidence presented over two days of hearing in this court (and review of evidence presented during a lengthy ongoing due process proceeding) and the court’s…
2Cases cited14 opinions
- Board of Education of the Hendrick Hudson Central School District v. Rowley Ex Rel. RowleySupreme Court of the United States · 1982
- Honig v. DoeSupreme Court of the United States · 1988
- School Committee of the Town of Burlington v. Department of EducationSupreme Court of the United States · 1985
- Florence County School District Four v. Carter Ex Rel. CarterSupreme Court of the United States · 1993
- Drinker v. Colonial School DistrictCourt of Appeals for the Third Circuit · 1996
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3Cited by5 opinions
- Wagner Ex Rel. Wagner v. Board of EducationCourt of Appeals for the Fourth Circuit · 2003
- Wagner v. BOARD OF EDUC., MONTGOMERY COUNTY, MD.District Court, D. Maryland · 2004
- Daniel G. Wagner, Jr., a Minor Child Acting by and Through His Parents Daniel Wagner and Regina Wagner Daniel Wagner Regina Wagner, in Their Individual Capacities v. Board of Education of Montgomery County Montgomery County Public Schools Jerry D. Weast, in His Official Capacity as Superintendent of Schools, Montgomery County Public Schools v. Community Services for Autistic Adults and Children, Third Party Christine Caselles, Dr., Movant. Daniel G. Wagner, Jr., a Minor Child Acting by and Through His Parents Daniel Wagner and Regina Wagner Daniel Wagner Regina Wagner, in Their Individual Capacities v. Board of Education of Montgomery County Montgomery County Public Schools Jerry D. Weast, in His Official Capacity as Superintendent of Schools, Montgomery County Public Schools v. Community Services for Autistic Adults and Children, Third Party Christine Caselles, Dr., MovantCourt of Appeals for the Third Circuit · 2003
- Habisata Fofanah v. Board of Education of Montgomery CountyDistrict Court, D. Maryland · 2025
- Wagner Ex Rel. Wagner v. Board of EducationCourt of Appeals for the Fourth Circuit · 2003