Lisa Boggs, Author at Administrative Law Report

Student and parent fall short of proving Child Find, FAPE violations in IDEA case

This complaint brought under the Individuals with Disabilities Education Act (IDEA) concerns a 10th-grade student with diagnoses of ADHD, depression, and oppositional defiant disorder. The Court ultimately rejected all claims raised by the student and parent. The Judge determined the student had not been denied a free appropriate public education (FAPE) solely because he was […]

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NOW/COMP applicant failed to show sufficient deficits in intellectual, adaptive functioning

Medicaid Eligibility

In this matter, a 20-year-old woman seeking benefits under the New Options Waiver/Comprehensive Supports Program (NOW/COMP) had her application denied. In upholding the denial, the Court concluded the applicant failed to meet the criteria of “sub-average intellectual functioning.” While an IQ score taken at age 12 could indicate an intellectual disability, the Court was persuaded

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Partial adoption benefits restored due to family receiving untimely notice

Public Assistance

The Court affirmed the decision to terminate a family’s adoption assistance benefits on the grounds that the adopted child had turned 18 and was no longer a full-time high school student. However, the Court concluded the agency failed to provide the family with 30 days’ notice prior to terminating the benefits. The agency had eventually

Partial adoption benefits restored due to family receiving untimely notice Read More

Medicaid properly denied, as evidence was not sufficient to show blindness or disability

Medicaid Eligibility

A woman suffering from partial blindness applied for Medicaid benefits under the Aged, Blind, and Disabled category. The state’s Division of Family and Children Services (DFCS) denied the application, and on appeal the Court sided with the agency. The Court concluded the woman failed to present sufficient prima facie evidence that she qualified for benefits

Medicaid properly denied, as evidence was not sufficient to show blindness or disability Read More

Child care center’s violations did not warrant license revocation, as lapses were not intentional

Early Care & Learning

In this matter, a child care learning center appealed three separate actions against its license, brought by the Department of Early Care and Learning. The Court ultimately determined the center did violate the requirements for conducting employee background checks; however, it did not do so intentionally, but because it had misapprehended the requirements. Thus, license

Child care center’s violations did not warrant license revocation, as lapses were not intentional Read More

Agency action required before Administrative Court can hear child support enforcement case

Child Support

The Court dismissed the appeal of an individual seeking to challenge the amount of his purported child support arrears, as calculated by the state’s Division of Child Support Services (DCSS). The Court explained that it had jurisdiction to hold hearings challenging certain enforcement actions taken by DCSS, such as license suspensions or tax refund intercepts.

Agency action required before Administrative Court can hear child support enforcement case Read More