Kevin A. Golembiewski
Kevin is a partner at Berney & Sang. He has dedicated his career to public service and advocating for people with disabilities. Kevin started his career at Berney & Sang as an associate, after which he served as a Senior Deputy Solicitor General for the State of Florida and as the Director of Advocacy, Education, and Outreach at Disability Rights Florida—Florida’s federally designated protection-and-advocacy agency for people with disabilities. At Disability Rights Florida, Kevin supervised special-education due process hearings and federal impact litigation. Since Kevin returned to Berney & Sang, he has continued his advocacy on behalf of persons with disabilities, helping them secure their rights under the Individuals with Disabilities Education Act, Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act, and other civil rights laws.
Kevin graduated from Harvard Law School cum laude in 2013, and he served as a law clerk to the Honorable Charles R. Wilson of the U.S. Court of Appeals for the Eleventh Circuit.
Appellate
Constitutional Law
Education Law
Employment Law
Ambrose v. St. Johns Cnty. Sch. Bd., 664 F. Supp. 3d 1322 (M.D. Fla. 2023). Obtained a federal court decision recognizing that parents with disabilities have a right to reasonable modifications of school-district transportation policies under the Americans with Disabilities Act.
Johnson v. Flagler Cnty. Sch. Dist., 628 F. Supp. 3d 1167 (M.D. Fla. 2023). Secured a consent decree requiring the school district to return a student with behavioral needs to school and provide her appropriate supports.
T.H. v. Fla. Dep’t of Corrs., No. 22-3335E (Fla. DOAH 2023). Prevailed in an administrative trial alleging that the Florida Department of Corrections denied a student with autism a free and appropriate public education.
L.J. by N.N.J. v. Sch. Bd. of Broward Cnty., 927 F.3d 1203 (11th Cir. 2019). Co-counseled appeal establishing the legal standard for claims alleging that a school district failed to implement a student’s special-education program.
Charlene R. v. Solomon Charter Sch., 63 F. Supp. 3d 510 (E.D. Pa. 2014). Helped secure a federal court decision establishing that State Departments of Education are responsible for fulfilling the terms of a special-education agreement between a child with disabilities and an insolvent charter school.
Harvard Law School
J.D., cum laude, 2013
College of the Holy Cross
B.A., summa cum laude, 2010
Advocacy in the Eleventh Circuit: A Clerk’s Perspective, 73 U. Miami L. Rev. 1221 (2019) (co-authored with Jessica Ettinger)
Compensatory Education is Available to English Language Learners Under the EEOA, 9 Ala. C.R. & C.L. L. Rev. 57 (2018).
All Data Are Not Created Equal: Upholding the Fourth Amendment’s Guarantees When Third Party Consent Meets the Shared Electronic Device, 56 Washburn L.J. 35 (2017).
A Few Words of Caution as the Supreme Court Considers Fry v. Napoleon Community Schools, 73 Wash. & Lee L. Rev. Online 433 (2016).
Disparate Treatment & Lost Opportunity: Courts’ Approach to Students with Mental Health Disabilities Under the IDEA, 88 Temp. L. Rev. 473 (2016).
State of Florida
State of New Jersey
Commonwealth of Pennsylvania
U.S. District Court for the Eastern District of Pennsylvania
U.S. District Court for the District of New Jersey
U.S. District Court for the Southern District of Florida
U.S. District Court for the Middle District of Florida
U.S. District Court for the Northern District of Florida
U.S. Court of Appeals for the Third Circuit
U.S. Court of Appeals for the Fifth Circuit
U.S. Court of Appeals for the Ninth Circuit
U.S. Court of Appeals for the Tenth Circuit
U.S. Court of Appeals for the Eleventh Circuit
U.S. Supreme Court