March 2014

Child Support Services appropriately seized bonus pay from child support obligor.

The Division of Child Support Services (CSS) of the Department of Human Services acted within its authority when it seized bonus pay from a delinquent child support obligor. At the time of the lien notice Petitioner’s arrears totaled approximately $47,148.96. In response to the lien, Petitioner’s employer remitted $8,278.00 to CSS. Respondent properly received 50%

Child Support Services appropriately seized bonus pay from child support obligor. Read More

IDEA due process complaint dismissed for failure to participate in mandatory resolution session.

Under the Individuals with Disabilities Education Act (IDEA), both the parents of the special-education child and the school district must participate in a joint resolution session or mediation prior to a due process hearing, except in the case of a joint waiver.  Petitioner’s due process request was dismissed without prejudice because the school district had

IDEA due process complaint dismissed for failure to participate in mandatory resolution session. Read More

Special diet does not justify in-home placement of special education child.

The Eleventh Circuit Court of Appeals affirmed the District Court of the Northern District of Georgia, which had upheld Judge Amanda Baxter’s determination that Plaintiff, a student, was not denied a free appropriate public education (FAPE).  Plaintiff’s parents challenged her educational placement in a severe autism class, preferring she be given an in-home placement because

Special diet does not justify in-home placement of special education child. Read More

Loss of teaching certificate justified by criminal convictions.

Petitioner’s teaching certificate was revoked after he was convicted of felony possession of cocaine and misdemeanor possession of marijuana.  His actions violated Standards One and Ten of the Code of Ethics for Educators, which require teachers to abide by state laws and demonstrate conduct that follows generally recognized professional standards, respectively.

Loss of teaching certificate justified by criminal convictions. Read More

Stipulated agreement is an alternative to revoking community placement.

Petitioner’s hearing request was dismissed following the submission of a stipulated agreement to the Court, providing an alternative plan to revoking Petitioner’s community placement.  The agreement included electronic monitoring at his home prior to screening for placement followed by Multi-Systemic Therapy.  A violation of the plan may result in placement in a detention facility.

Stipulated agreement is an alternative to revoking community placement. Read More

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