Liliana Yearns

Personal care home faces penalties for rule infractions but avoids license revocation  

Health Law

The Department of Community Health initiated multiple adverse actions against Savannah Court of Lake Oconee, a licensed personal care home in Greensboro, Georgia.  Following a three-day hearing, the Court issued a decision finding that the department failed to meet its burden of proving the facility had committed “Category I” violations, which are violations that cause […]

Personal care home faces penalties for rule infractions but avoids license revocation   Read More

Court finds that student’s violent behavior was not a manifestation of his disability

Special Education

An eighth-grader and his mother contested the results of a Manifestation Determination Review (MDR), which found that a 10-day suspension was not a manifestation of the student’s disabilities.  The mother argued that her son’s action—punching a teacher in the face—was a manifestation of his Autism Spectrum Disorder and other emotional behavioral disorders. The Court ultimately

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Court orders $5,000 sanction for elector who voted while serving felony sentence 

Elections

The State Election Board sought sanctions against a Georgia elector, alleging that he had voted nine times while still serving a felony sentence handed down in another state.  Following a hearing, the Court determined the board had met its burden of proving the voting-law violations, and the elector was ordered to pay $5,000 in civil

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Vocational rehabilitation case remanded so agency can consider weight as an eligibility factor

Vocational Rehabilitation

A 20-year-old college student applied for services with the Georgia Vocational Rehabilitation Agency (GVRA) because he was experiencing severe asthmatic and allergic flareups. The Court upheld the denial of his application, based on medical records showing the applicant reported his asthma as “completely controlled.” The applicant, however, had also been consistently categorized as morbidly obese,

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“Multiple chemical sensitivity” not recognized as disability eligible for vocational rehabilitation services

Vocational Rehabilitation

This case involved a recipient of vocational rehabilitation services who alleged multiple procedural violations by the Georgia Vocational Rehabilitation Agency (GVRA) in the process of determining her eligibility, as well as discrimination for not considering her diagnosis of “multiple chemical sensitivity” (MCS) when providing services. The Court concluded that the applicant sufficiently proved that multiple

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Court sides with school district, rejects student’s request for independent evaluation

Special Education

A third-grade student and his mother requested that his school district fund an Independent Educational Evaluation (IEE) at public expense to assess his disabilities and educational needs. This request was made directly following an initial evaluation conducted by the district, which found that the student’s ADHD disorder did not necessitate specialized instruction. Upon reviewing the

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