A.A., a minor, by his parents and next friends, B.A., in their own right and on behalf of their son, A.A., and K.A., in their own right and on behalf of their son, A.A. v. WILLIAM J. BARNES, in his official capacity as Superintendent of the Howard County Public Schools, and HOWARD COUNTY BOARD OF EDUCATION

CourtDistrict Court, D. Maryland
DecidedJune 2, 2026
Docket1:25-cv-00167
StatusUnknown

This text of A.A., a minor, by his parents and next friends, B.A., in their own right and on behalf of their son, A.A., and K.A., in their own right and on behalf of their son, A.A. v. WILLIAM J. BARNES, in his official capacity as Superintendent of the Howard County Public Schools, and HOWARD COUNTY BOARD OF EDUCATION (A.A., a minor, by his parents and next friends, B.A., in their own right and on behalf of their son, A.A., and K.A., in their own right and on behalf of their son, A.A. v. WILLIAM J. BARNES, in his official capacity as Superintendent of the Howard County Public Schools, and HOWARD COUNTY BOARD OF EDUCATION) is published on Counsel Stack Legal Research, covering District Court, D. Maryland primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
A.A., a minor, by his parents and next friends, B.A., in their own right and on behalf of their son, A.A., and K.A., in their own right and on behalf of their son, A.A. v. WILLIAM J. BARNES, in his official capacity as Superintendent of the Howard County Public Schools, and HOWARD COUNTY BOARD OF EDUCATION, (D. Md. 2026).

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND

A.A., a minor, by his parents and next friends, * B.A., in their own right and on behalf of their son, A.A., and K.A., in their own right and * on behalf of their son, A.A., * Plaintiffs, * v. Civil Action No. RDB-25-167 * WILLIAM J. BARNES, in his official capacity as Superintendent of the Howard * County Public Schools, and HOWARD COUNTY BOARD OF EDUCATION, *

Defendants. *

* * * * * * * * * * * * * MEMORANDUM OPINION This action arises under the Individuals with Disabilities Education Act (“IDEA”), 20 U.S.C. §§ 1400 et seq. That law provides, in relevant part, that a State receiving federal education funding must provide children with qualifying disabilities a Free Appropriate Public Education (“FAPE”). 20 U.S.C. § 1412(a)(1)(A). A FAPE involves both “special education and related services,” id. § 1401(3)(A), (9), which a school provides through an Individualized Education Plan (“IEP”). See id. § 1401(14). This case concerns “related services,” which the IDEA defines to include “school nurse services designed to enable a child with a disability to receive a [FAPE] as described in the [I]ndividualized [E]ducation [P]rogram of the child.” Id. § 1401(26)(A). Plaintiffs, the minor, A.A., and his parents, B.A. and K.A., in their own right and on behalf of their son (collectively, “Plaintiffs”), brought this three-count Complaint for Declaratory and Injunctive Relief against Defendants William J. Barnes, as Superintendent of the Howard County Public Schools (“HCPS”), and the Howard County Board of Education (collectively, “Defendants”). See generally (ECF No. 1). A.A. has been diagnosed with a series

of conditions ranging from hydrocephalus and epilepsy to cerebral palsy. Beginning in October 2023, A.A. was enrolled as a student in the fourth grade at Pointers Run Elementary School (“Pointers Run”), a part of the Howard County Public Schools. HCPS determined that A.A. qualified to receive special education under the IDEA and began the statutory process of developing an Individualized Education Plan to provide him with a Free Appropriate Public Education.

Central to this case, A.A.’s parents requested that HCPS provide him with a Private Duty Nurse (“PDN”), a one-on-one nurse to be with him at all times during the school day and while traveling to and from Pointers Run. In January 2024, after multiple IEP meetings and related evaluations over the course of three months, HCPS determined that A.A. did not qualify for a Private Duty Nurse. The school denied his parents’ request to provide him one as part of his IEP.

On February 27, 2024, Plaintiffs initiated a due process complaint with the Maryland Office of Administrative Hearings pursuant to the IDEA’s administrative requirements. See 20 U.S.C. § 1415(f). In that hearing, they contended that HCPS had denied A.A. a FAPE by not providing him a Private Duty Nurse as part of his IEP. Administrative Law Judge (“ALJ”) Daniel Andrews held a ten-day hearing, which took place on dates in June, July, and August of 2024, ending on August 22, 2024. On September 20, 2024, ALJ Andrews issued a decision concluding that A.A. had not been denied a FAPE because he could safely attend school without a Private Duty Nurse. Pursuant to 20 U.S.C § 1415(i)(2), Plaintiffs filed this three-count Complaint for

Declaratory and Injunctive Relief on January 16, 2025. (ECF No. 1.) In essence, they challenge ALJ Andrews’s decision. They ask this Court to find that A.A. was denied a Free Appropriate Public Education when the Howard County Public Schools determined that his Individualized Education Plan did not merit the provision of a PDN. (Id.) Presently pending before the Court are Plaintiffs’ Motion for Summary Judgment (ECF No. 15) and Defendants’ Opposition and Cross-Motion for Summary Judgment (ECF No.

20). This Court has federal question jurisdiction pursuant to 28 U.S.C. § 1331. The Court has reviewed the parties’ submissions; no hearing is necessary. See Loc. R. 105.6 (D. Md. 2025). For the reasons set forth below, Plaintiffs’ Motion for Summary Judgment (ECF No. 15) is DENIED and Defendants’ Cross-Motion for Summary Judgment (ECF No. 20) is GRANTED.

BACKGROUND I. Statutory Background – The Individuals with Disabilities Education Act Congress enacted the Individuals with Disabilities Education Act, 20 U.S.C. §§ 1400 et seq., to ensure “that children with disabilities receive needed special education services.” Fry v. Napoleon Cmty. Schs., 580 U.S. 154, 157 (2017). In return for federal funding, the IDEA requires that States1 guarantee children with certain physical and intellectual disabilities a Free

1 Maryland receives federal funding for education and so the IDEA applies to its public schools, including the Howard County Public Schools. Md. Code Ann., Educ. § 8-403. Appropriate Public Education. 20 U.S.C. § 1412(a)(1)(A); see Bouabid v. Charlotte-Mecklenburg Schs. Bd. of Educ., 62 F.4th 851, 856 (4th Cir. 2023) (providing an overview of State responsibilities pursuant to the IDEA).

“For most children, a FAPE entails an education ‘reasonably calculated to enable the child to achieve passing marks and advance from grade to grade.’” G.M. by E.P. v. Barnes, 114 F.4th 323, 329 (4th Cir. 2024) (quoting Endrew F. ex rel. Joseph F. v. Douglas Cnty. Sch. Dist. RE- 1, 580 U.S. 386, 390 (2017)). When general education suffices to provide a Free Appropriate Public Education, the IDEA is satisfied and no further action is necessary. Id. (quoting Miller v. Charlotte-Mecklenburg Schs. Bd. of Educ., 64 F.4th 569, 575 (4th Cir. 2023)). When a child has a

qualifying disability that makes a general education insufficient, the IDEA provides that child with “a substantive right” to have their school “work with [his] parents to furnish ‘special education and related services’ enabling [him] to receive a FAPE.” Fry, 580 U.S. at 158 (first quote); G.M., 114 F.4th at 329–30 (quoting § 1401(3)(A), 9, and citing id. §§ 1412, 1414) (second quote). “In addition to this substantive right, the IDEA guarantees certain procedural rights, including the rights of parents to . . . ‘participate in meetings’ regarding the

identification, evaluation, and placement of their child.” Id. at 330 (quoting 20 U.S.C. § 1415(b)). The “‘primary vehicle’” by which schools provide a Free Appropriate Public Education to an eligible child is by means of an Individualized Education Program (“IEP”). Fry, 580 at 158 (quoting Honig v. Doe, 484 U.S. 305, 311 (1988)).

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A.A., a minor, by his parents and next friends, B.A., in their own right and on behalf of their son, A.A., and K.A., in their own right and on behalf of their son, A.A. v. WILLIAM J. BARNES, in his official capacity as Superintendent of the Howard County Public Schools, and HOWARD COUNTY BOARD OF EDUCATION, Counsel Stack Legal Research, https://law.counselstack.com/opinion/aa-a-minor-by-his-parents-and-next-friends-ba-in-their-own-right-mdd-2026.