Judge Kennedy - Administrative Law Report

Court finds that student’s violent behavior was not a manifestation of his disability

Special Education

April 8, 2024

An eighth-grader and his mother contested the results of a Manifestation Determination Review (MDR), which found that a 10-day suspension was not a manifestation of the student’s disabilities. The mother... Read More

Student and parents waived right to bring certain IDEA claims when they consented to settlement

Special Education

January 30, 2024

About one month after signing an agreement with the school district to settle a due-process complaint brought under the Individuals with Disabilities Education Act (IDEA), a student and his parents... Read More

One-hour bus ride for student receiving special-education services found acceptable under IDEA

Special Education

January 17, 2024

A 10-year-old student and his parents alleged that the school district violated the Least Restrictive Environment provision (LRE) of the Individuals with Disabilities Education Act (IDEA) by not placing him... Read More

Noncustodial parent unsuccessful in vacating 8-year-old child-support order

Child Support

November 29, 2023

A Judge denied a noncustodial parent’s untimely motion to vacate a default child-support order entered against him by this Court more than eight years prior. Because the parent conceded he... Read More

Judge grants motion for involuntary dismissal in favor of Medicaid provider in overpayments case

Health Law

June 20, 2023

The Judge granted a physical therapist’s motion for involuntary dismissal in a case alleging Medicaid overpayments. The Judge determined that the Department of Community Health (DCH) failed to establish that... Read More

Superior court upholds DUI license suspension, declines to find implied consent statute unconstitutional

February 16, 2023

A driver sought judicial review of an OSAH decision suspending his license following a DUI arrest. The driver argued that the implied consent statute under O.C.G.A. § 40-5-67.1 was unconstitutional,... Read More