Lisa Boggs

Student with autism did not receive FAPE during COVID-related virtual learning  

Special Education

In this case brought under the Individuals with Disabilities Education Act (IDEA), the Court concluded that for a period of about seven months, the school district failed to develop an Individualized Education Plan (IEP) that was reasonably calculated for a teenage student diagnosed with autism spectrum disorder to make reasonable progress toward his communication goals.  […]

Student with autism did not receive FAPE during COVID-related virtual learning   Read More

No sanction warranted for teacher who unknowingly completed student’s graded quiz  

Educators

This case brought by the Professional Standards Commission involved allegations that a teacher had completed online quiz questions for a student with special needs.  The student in question did not go to the teacher’s school, but rather was the child of the teacher’s supervisor.  The teacher testified at the hearing that she did provide answers

No sanction warranted for teacher who unknowingly completed student’s graded quiz   Read More

Court of Appeals affirms superior courts’ dismissals in Cannabis Commission cases  

Procedure

OSAH Judge Stephanie Howells was appointed to adjudicate 21 challenges to the Georgia Access to Medical Cannabis Commission’s awarding of licenses to six vendors to grow, manufacture, and sell low THC oil in the State of Georgia.  These proceedings were conducted under the Commission’s own procedures, rather than the Administrative Procedure Act (“APA”). In decisions

Court of Appeals affirms superior courts’ dismissals in Cannabis Commission cases   Read More

Court upholds denial of permit for multi-message sign based on spacing restrictions  

Outdoor Advertising

In affirming the denial of an outdoor advertising permit, the Court concluded the proposed location for the multi-media message sign in question—near the intersection of Ga. 53 and Ga. 400—would fall within 5,000 feet of already-permitted multi-message signs, which is prohibited by law.  The advertising company had argued that, since the spacing restriction only applies

Court upholds denial of permit for multi-message sign based on spacing restrictions   Read More

Superior court remands medical licensing case, citing reliance on inadmissible hearsay  

Procedure

This case involved efforts by the Georgia Composite Medical Board to sanction a physician assistant’s license.  Following a hearing, an administrative law judge with the Office of State Administrative Hearings recommended that the physician assistant’s license be indefinitely suspended, and the Board ultimately upheld this ruling.  On appeal to superior court, the physician assistant argued

Superior court remands medical licensing case, citing reliance on inadmissible hearsay   Read More

Superior court upholds agency’s reversal of OSAH decision on multi-message sign permit  

Outdoor Advertising

A judge with the Superior Court of Lowndes County upheld a decision by the Georgia Department of Transportation (GDOT) to deny a permit for a multi-message sign. An OSAH Judge initially sided with the advertising company challenging the permit’s denial. But during an agency-level review, the GDOT reversed the Judge’s ruling, concluding instead that the

Superior court upholds agency’s reversal of OSAH decision on multi-message sign permit   Read More

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