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 [...]
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So far Kevin Golembiewski has created 70 blog entries.
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.
Golembiewski in Legal Intelligencer: Court hands major win to families in case against the Dep’t of Education
This week, associate Kevin Golembiewski published an article in the Legal Intelligencer highlighting a recent federal-court decision ordering the U.S. Department of Education to honor Obama-era regulations that address racial disparities in special education. The decision is a major win for families. The Council of Parents Attorneys and Advocates was the plaintiff in the case. [...]
This is a guest post authored by DisabledParents.org. Becoming a parent is intimidating. However, when that includes a disability, there is so much more to consider and prepare for. This doesn't need to be an overwhelming time, as there are ways you can set yourself and your newborn up for success and a healthy life together. [...]
Once a child turns 14, the Individuals with Disabilities Education Act (IDEA) requires her Individualized Education Program (IEP) to address her transition needs. Transition needs include any needs that affect the child's ability to successfully transition from school to adult life. A child may, for example, need help developing independent living skills, such as cooking [...]