Lisa Boggs

Must show harm in order to obtain relief for a deviation from an individualized education program.

Educators

Although a School District violated procedural safeguards under the Individuals with Disabilities Education Improvement Act (IDEA) by providing services different from those specified in Petitioner’s Individualized Education Program (IEP), Petitioner was not entitled to relief inasmuch as Petitioner could not show that the changes actually caused a deprivation of educational benefits.  While the School District […]

Must show harm in order to obtain relief for a deviation from an individualized education program. Read More

Must provide reasonable accommodations to applicants with disabilities.

Public Assistance

The Division of Family and Children Services (DFCS) failed to comply with Title II of the Americans with Disabilities Act—which requires public entities to provide reasonable accommodations to individuals with disabilities—when it failed to extend an application renewal deadline to an individual suffering from schizophrenia who was unable to complete his application for food stamps

Must provide reasonable accommodations to applicants with disabilities. Read More

Court of Appeals affirms revocation of teaching certificate.

Educators

The Georgia Court of Appeals reversed the Superior Court of Dougherty County’s decision, which had reversed Judge Howell’s decision affirming the Professional Standard Commission’s revocation of an educator’s teaching certificate. The Court determined that contrary to the superior court’s ruling, the educator had sufficient notice of the matters presented in the hearing and Judge Howell’s

Court of Appeals affirms revocation of teaching certificate. Read More

Suspension without pay for pending misdemeanor charge did not comply with State Personnel Board Rules.

Employment

Petitioner, a classified employee, was suspended without pay after he was arrested and charged with simple assault.  The suspension was not in compliance with State Personnel Board rules absent evidence that the pending criminal charge was a crime of moral turpitude or that it would deter his effectiveness in employment.

Suspension without pay for pending misdemeanor charge did not comply with State Personnel Board Rules. Read More

Application filed less than one year after license revocation must be denied.

Early Care & Learning

The Department of Early Care and Learning’s (DECAL’s) revocation of Petitioner’s license to operate a child care learning center (CCLC) was affirmed after Petitioner filed an unconditional withdrawal of her hearing request.  DECAL was thereafter required by its rules to deny Petitioner’s subsequent application to operate a CCLC at a different location.  Petitioner submitted insufficient

Application filed less than one year after license revocation must be denied. Read More

Driver’s initial encounter with the Trooper did not escalate into a custodial arrest.

DUI

The Trooper’s statement that he observed indicia of intoxication did not elevate the police-citizen encounter to a third-tier custodial arrest.  Rather, the Trooper’s statement amounted to an explanation of his request for field sobriety tests.  The statements certainly did not constitute a formal arrest.  Moreover, they would not place an ordinary person in like circumstances

Driver’s initial encounter with the Trooper did not escalate into a custodial arrest. Read More

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