Lisa Boggs, Author at Administrative Law Report

Student making progress in general education not eligible for IDEA relief

Judge Barnes determined the student at issue was not eligible for relief under the Individuals with Disabilities Education Act (“IDEA”). The student and her parents failed to show the student was eligible for special educational services. Although she displayed some weaknesses, the student otherwise was able to access the general education curriculum and make progress […]

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Paramedic’s license revoked for performing unauthorized procedures

Professional Licensing

In affirming the Department of Public Health’s decision to revoke a paramedic’s EMS license, Judge Barnes concluded the paramedic had performed two procedures on patients—specifically, a surgical cricothyrotomy and a shoulder reduction—that fell outside the proper scope of practice for paramedics. Currently on appeal before Fulton County Superior Court.

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Child support order may be corrected retroactively

Procedure

Judge Malihi entered a child support order with an effective date of ten years earlier based on evidence that was the date the order was actually rendered but left unsigned due to a clerical error.

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Film tax credit applicant bears the burden of proof

Film & TV

In a case involving the Georgia Department of Economic Development’s denial of an application for a film tax credit, Judge Malihi found that the applicant had the burden of proving it met all prerequisites to receive the credit. Currently on appeal before Fulton County Superior Court.

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Applicant approved for teaching certificate can be simultaneously reprimanded by PSC

Educators

In affirming the Professional Standard Commission’s decision, Judge Howells rejected an applicant’s argument that the Commission lacks authority to both grant the applicant a teaching certificate and simultaneously reprimand him on past criminal conduct.

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GNETS placement deemed improper; ordered relief includes co-taught classroom, ESY

Special Education

This case addressed whether the continued placement of a 7-year-old special education student in GNETS was the least restrictive environment (LRE). Judge Malihi concluded the student was unnecessarily and prematurely placed in GNETS, and thus was denied a free appropriate public education (“FAPE”). Relief included an order to transition the student to a co-taught classroom

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