Associate Kevin Golembiewski wrote this article. It was originally published in the Legal Intelligencer. Although the U.S. Supreme Court decided Brown v. Board of Education nearly 70 years ago, segregation is still a reality in our public schools. But today’s segregation is more subtle. It’s de facto segregation—the days of communities intentionally segregating students are behind us. So [...]
Congress passed the Individuals with Disabilities Education Act to guarantee educational opportunities to primary and secondary students. But Congress has passed no laws specifically designed to protect college students with disabilities.[1] Those students are protected by only a patchwork of general antidiscrimination laws. Section 504 of the Rehabilitation Act (Section 504) and the Americans with [...]
This article originally appeared in The Legal Intelligencer. You can access the original version here. One of the greatest threats to equality is complacency. Those who do nothing while witnessing injustice and wrongdoing, Dr. Martin Luther King Jr. once said, do worse than those who commit acts of injustice. Social scientists, too, recognize that complacency [...]
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 [...]
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 [...]
