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Tag Archives: Administrative

Alleged disabilities not disclosed to schools (access required)

Where the school district agreed on a plan for the student’s development with his parents, and the district received no additional information that there were significant concerns regarding his social or executive functioning skills, it did not violate the Individuals ...

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Assisted living facility’s water system is ‘waterworks’ (access required)

The Virginia Department of Health correctly determined that an assisted living facility’s water system meets the statutory definition of “waterworks,” and as such, the health department can regulate the system. Overview The statutory scheme implementing the federal Safe Water Drinking ...

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Corrections worker who refused random drug test reinstated (access required)

Where a department of corrections technical support employee was fired after refusing to take a random drug test, the court affirms a hearing officer’s decision to reinstate him because the test policy, as applied to him, violated the Fourth Amendment. ...

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Agency didn’t explain Clean Water certification denial (access required)

Where the North Carolina Department of Environmental Quality denied a Clean Water Act certification to a company building a natural gas pipeline, but did not explain why it disagreed with the hearing officer’s findings or why it denied the application, ...

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SSA’s fraud decisions ‘arbitrary and capricious’ (access required)

It was “arbitrary and capricious” and a violation of due process for the Social Security Administration, or SSA, to categorically terminate the benefits of a class of claimants without giving them an opportunity to rebut the allegation that their benefits ...

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Fairfax County prevails in dispute over IEP (access required)

Although parents challenged an individualized education program, or IEP, the Fairfax County School Board satisfied its obligations under the Individuals with Disabilities Education Act because the IEP was reasonably calculated to enable the child to make appropriate progress in the ...

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Surrender transactions can’t avoid tax liability (access required)

Where the taxpayers argued that they were not required to report $45.7 million of compensation income, the series of business transactions were devoid of economic substance and were thus insufficient for avoiding tax liability. Moreover, despite the taxpayers’ assertion they ...

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