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Challenge to reclassification of dam limited to allegations in petition for hearing.

Dam Safety

Petitioner appealed the decision of the Environmental Protection Division (EPD) to reclassify King’s Cliff Lake Dam from a Category II to a Category I dam—a decision based upon a finding that loss of life would likely occur in the event of dam failure.  Because Petitioner’s appeal was founded solely on the fact that the EPD

Challenge to reclassification of dam limited to allegations in petition for hearing. 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

The Department may not reduce skilled nursing hours when it jeopardizes the child’s health.

Health Law

Reducing a child’s skilled nursing hours did not meet the state’s obligation to provide early and periodic screening, diagnostic, and treatment (EPSDT) through the Georgia Pediatric Program (GAPP), because the child’s condition was extremely fragile and there was a high risk of rapid deterioration and caregiver fatigue.

The Department may not reduce skilled nursing hours when it jeopardizes the child’s health. Read More

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