Last week, the United States Department of Education issued Questions & Answers addressing the Supreme Court's decision in Endrew F. v. Douglas County School District, 137 S. Ct. 988 (2017). In Endrew F., the Supreme Court for the first time in over thirty years considered the legal standard for a free and appropriate public education (FAPE). Endrew F. held [...]
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So far Kevin Golembiewski has created 29 blog entries.
Many special education students miss school from time to time. Students with autism, anxiety, or PTSD may engage in school-avoidance behaviors. Students who have been bullied because of their disabilities may stay home out of fear for their safety. And other students might simply suffer illnesses that require them to miss school. In the School [...]
In a landmark decision, the Pennsylvania Supreme Court recently ruled that a challenge to the state's school funding system can proceed. The decision is William Penn School District, et al. v. Pennsylvania Department of Education, et al., No. 46 MAP 2015 (Pa. 2017). The plaintiffs in the case allege that the school funding system violates [...]
A child's Individualized Education Program (IEP) is the cornerstone of his special education programming. An IEP is a document that identifies the special education placement and services that a child with disabilities requires to make educational progress. IEPs are viewed as contracts between schools and parents; schools are obliged to comply with a child's IEP and [...]
Many students with disabilities require more intensive special education services than their schools can provide them. These students can obtain the services they need from private schools that are designed specifically for students with disabilities. Such schools are known as "special needs private schools." In Philadelphia, there are many special needs private schools, including schools [...]
In 2014, President Obama signed into law the Workforce Innovation and Opportunity Act. The Act is not widely known, but it should be: it provides valuable resources to persons with disabilities seeking employment. What does the Act do? According to the Department of Labor, the Act "is designed to help job seekers access employment, education, training, [...]
If your child is eligible for special education but her needs are not being met, you can seek legal action against your child's school district. Under the Individuals with Disabilities Education Act (IDEA), the first step in redressing your child's special education rights is filing for a due process hearing. A due process hearing is an [...]
David J. Berney co-authored this article with Timothy Gilsbach, Esquire, for a continuing legal education presentation. I. Introduction The IDEA provides a series of procedural and substantive protections for parents and their children with qualifying disabilities. In considering an IDEA complaint, the hearing officer is supposed to make his/her decision “on substantive grounds based on [...]
On October 24, 2017, the United States House of Representatives introduced a new anti-bullying bill: Danny's Law. The bill is named after Daniel Fitzpatrick, who took his own life at age 13 as a direct result of bullying. Daniel left a suicide note specifically referencing the bullying. The bill would establish a commission to investigate [...]
Last month, David J. Berney argued an important special education case before the Third Circuit Court of Appeals. Berney argued that a special education parent is entitled to attorney's fees when a school district includes neither fees nor pendency in a 10-day offer. (A 10-day offer is a type of settlement offer made in special [...]