January 2014

Failure to pay child support justifies suspension of licenses.

Child Support

The Division of Child Support Services (CSS) may suspend Petitioner’s licenses, including his state-issued driver’s license, for failure to pay child support.  Petitioner has not voluntarily paid child support since 2009, and his arrearage as of October 31, 2013, was $12,122.84.  Petitioner cannot claim an exemption from suspension because he has not been active in […]

Failure to pay child support justifies suspension of licenses. Read More

Criminal activity resulted in reprimand of teaching certificate.

Educators

The Professional Standards Commission (PSC) issued Petitioner a teaching certificate, while also reprimanding him.  The reprimand was the result of Petitioner’s 2008 guilty plea to eight counts of felony Financial Transaction Card Fraud under the First Offender Act.  Although Petitioner successfully completed his period of probation and submitted letters of recommendation, neither negated his criminal

Criminal activity resulted in reprimand of teaching certificate. Read More

Classified employee suspended for work absence, tardiness, and non-adherence to communication policies.

Employment

Petitioner, a classified employee, was appropriately suspended without pay for one week due to her failure to report to work, her consistent lateness to monthly meetings, and her poor adherence to communication policies.  In addition, Petitioner’s employment history and failure to improve even after corrective training justified the suspension.  Although routinely utilized, the use of

Classified employee suspended for work absence, tardiness, and non-adherence to communication policies. Read More

Stable medical condition without cognitive loss or functional impairment insufficient to qualify for SOURCE.

Health Law

The Department of Community Health (DCH) correctly determined that Petitioner does not meet the minimal requirements to qualify for intermediate nursing home level of care under the Service Options Using Resources in Community Environments Program (SOURCE).  In order to meet the level of care necessary to qualify for SOURCE, the individual must meet the qualifications

Stable medical condition without cognitive loss or functional impairment insufficient to qualify for SOURCE. Read More

Probation and fine of ambulance service provider that provided service outside of its designated zone was affirmed.

Health Law

The Superior Court of Fulton County affirmed OSAH’s decision, which had been adopted by the Department’s agency reviewer, to place Petitioner, a licensed ambulance service provider, on probation and to fine it for providing ambulance services outside of its designated zone.  The Superior Court also ruled that the statewide zoning scheme does not violate the

Probation and fine of ambulance service provider that provided service outside of its designated zone was affirmed. Read More

Failing rigorous magnet school classes does not render child eligible for IDEA.

Special Education

School District did not violate Plaintiff’s rights under the Individuals with Disabilities Education Act (IDEA).  Plaintiff asserted that his rights had been violated by the school district’s failure to identify him as “a child with a disability,” evaluate him, provide him with a Free and Appropriate Public Education (FAPE), and give him a copy of

Failing rigorous magnet school classes does not render child eligible for IDEA. Read More

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