Last week, senior associate Kevin Golembiewski published Compensatory Education Can Help Realize Promise to English Language Learners in the Legal Intelligencer. In the article, Kevin explained that the Equal Educational Opportunities Act (EEOA), a federal law that guarantees English Language Learners (ELLs) equal educational opportunity, allows courts to award ELLs compensatory education when school districts deny [...]
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So far Kevin Golembiewski has created 73 blog entries.
The Pennsylvania Commonwealth Court announced today that it will hear en banc Wible v. School District of Philadelphia, Berney & Sang's landmark student-on-student bullying and harassment case. The Court scheduled oral argument for November 13, 2019 at 930AM in the Commonwealth Court's Philadelphia courtroom. In the case, Berney Sang represents Amanda Wible, a Philadelphia student [...]
This month, Berney & Sang filed an amicus brief in C.S. v. Butte School District, a special education case pending before the United States Court of Appeals for the Ninth Circuit. Berney & Sang filed the brief on behalf of the National Center for Learning Disabilities, the Advocacy Institute, the Council for Learning Disabilities, and the [...]
The Problem According to national statistics, students with disabilities miss more school than their non-disabled peers. Students with autism, anxiety, or PTSD may engage in school-avoidance behaviors. Students who have been bullied may stay home out of fear for their safety. Other students might simply suffer illnesses that require them to miss school. Parents of [...]
Associate Heather J. Hulit knows dependency court. Before joining Berney & Sang, she served as a Child Advocate Attorney for seven years, representing children in Philadelphia dependency court. Like other Pennsylvania counties, Philadelphia sends kids who struggle with school attendance to dependency court. Heather's experiences showed her that this practice is misguided. She explains why [...]
This month, partner Jennifer Sang presented at the Pennsylvania Bar Institute's School Law Conference. The Institute selected Ms. Sang and other well-known education attorneys to present on topics ranging from bullying and harassment to charter-school accountability. Ms. Sang presented on special-education claims that arise when charter schools shut down and how courts have approached the [...]
For more than half a decade, the School District of Philadelphia denied Amanda Wible equal educational opportunity. Her peers had a chance to learn in a school setting free from severe or pervasive sexual harassment, but she was denied that chance. Classmates sexually harassed her each day, assaulting her, spitting on her, destroying her schoolwork, [...]
This month, the District Court for the Eastern District of Pennsylvania ruled for a Berney & Sang client in a special-education case against the Pennsylvania Department of Education. The District Court ordered the Department to provide private-school tuition for the client's two children. The children, both of whom qualify for special-education services, previously attended a [...]
Partner David J. Berney will be co-presenting at the upcoming 2019 Special Education Law Conference. His presentation will address parents' rights of access to student records under the Family Educational Rights and Privacy Act (FERPA), the Individuals with Disabilities Education Act (IDEA), and Pennsylvania law. Mr. Berney will analyze the substantive laws that afford parents [...]
This week, parents represented by attorney Vanita Kalra prevailed in a special education due process hearing against their child's school district. With Vanita's assistance, the parents obtained compensatory education services and a year of private-school tuition reimbursement. A hearing officer from the Pennsylvania Office of Dispute Resolution decided the case. The decision will soon be available here.