The mother of a 6-year-old child with autism brought a complaint against the child’s school district under the Individuals with Disabilities Education Act (IDEA). Among her multiple claims, the mother alleged the district had unreasonably delayed completing her son’s Functional Behavioral Analysis (FBA) over a two-year period. The district countered that the student, like many …
The Court reversed the administrative suspension of a driver’s license, after concluding there was not enough evidence showing the driver had been under the influence of alcohol or a controlled substance while operating a vehicle. The only material evidence showed the driver had been speeding prior to the traffic stop, had bloodshot/watery eyes, and had …
In granting a school district’s motion for summary determination, the Court held that a student and his parent cannot seek relief from this tribunal for an alleged violation of a prior settlement agreement in a case brought under the Individuals with Disabilities Education Act (IDEA). This Court has no jurisdiction to enforce an agreement provision …
This matter involved the Georgia Composite Medical Board’s disciplinary action against a licensed plastic surgeon, based on reports about several of his patients who were diagnosed with anemia following surgery. The Court ultimately decided no disciplinary action was warranted. The Judge found that the Board’s expert witness could not identify a reason for the anemia …
In a case brought under Georgia’s Long-Term Care Bill of Rights, the Court reversed a skilled nursing facility’s decision to involuntarily transfer a patient. Although evidence from staff members proved the patient engaged in disruptive and inappropriate behavior, the facility failed to put forth satisfactory evidence that a physician had determined the patient’s continued presence …
Nursing facility failed to prove patient needed to be discharged due to dangerous behavior Read More
In this matter, the Department of Community Health sought to place a certified nurse aide (CNA) on the Nurse Aide Registry after receiving allegations that she had verbally and physically abused a patient at a long-term care facility. The Court affirmed the Department’s findings as to the verbal abuse, which included derogatory and abusive language …
