Lisa Boggs

District ordered to pay for student’s comprehensive re-evaluation following years-long delay  

In this matter, the parent of a 16-year-old special education student alleged the school district failed to evaluate her child over a nine-year period.  The Court concluded that, while delays in evaluations are typically deemed procedural violations of the Individuals with Disabilities Education Act (IDEA), in this case the lengthy delay constituted a substantive violation […]

District ordered to pay for student’s comprehensive re-evaluation following years-long delay   Read More

No relief warranted under IDEA in light of parents’ unreasonable behavior  

This case involved a complaint brought under the Individuals with Disabilities Education Act (IDEA) by parents of a special education student who has a visual impairment and learns at a slower pace.  The Court denied the parents’ requested relief, finding that they failed to prove multiple procedural and substantive IDEA claims.  The Court also noted

No relief warranted under IDEA in light of parents’ unreasonable behavior   Read More

Nurse who was training with physician to give steroid injections did not act outside his scope of practice  

The Georgia Board of Nursing sought to sanction an advanced practice registered nurse for exceeding the scope of his practice by performing a transforaminal epidural injection (TEI), a type of steroid injection for pain management. The Court determined the nurse had not violated any laws that would warrant a sanction.  The evidence showed the nurse

Nurse who was training with physician to give steroid injections did not act outside his scope of practice   Read More

Denial of Medicaid services upheld based on patient’s untimely request for therapy services  

The Court upheld the decision to deny a patient’s request for physical therapy services under the Georgia Families Medicaid Program.  The patient had made her request approximately 151 days from the onset of her condition, which exceeded the 90-day period set out in the provider’s policy.

Denial of Medicaid services upheld based on patient’s untimely request for therapy services   Read More

Learning center successfully rebutted allegation that child was not effectively supervised at time of injury  

The Court reversed a decision by the Department of Early Care and Learning to impose a sanction on a learning center for failing to provide supervision and watchful oversight over its children.  The alleged violation occurred when a child injured his chin while in a play area without the staff knowing the injury had occurred. 

Learning center successfully rebutted allegation that child was not effectively supervised at time of injury   Read More

Parent’s limited observations of autism class were insufficient to prove IDEA placement violation  

This case involved a challenge brought under the Individuals with Disabilities Education Act (IDEA) by the parent of a child with autism.  The parent alleged the autism classroom proposed for her child was not safe, well staffed, or conducive to learning.  However, the parent’s sole evidence in support of this claim was her own testimony

Parent’s limited observations of autism class were insufficient to prove IDEA placement violation   Read More

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