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 [...]
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 [...]
As special education attorneys, we have helped dozens of parents navigate their child's transition to adulthood. The transition is stressful. Parents must not only identify and arrange community supports but also make sure their child has the skills necessary for independent living. Thankfully, there are a slew of resources designed to help families with transition. [...]
Today, the United States Court of Appeals for the Third Circuit ruled for a parent represented by Berney & Sang in an Individuals with Disabilities Education Act (IDEA) case. The case is Rena C. v. Colonial School District. This is the second Third Circuit victory that Berney & Sang has secured for parents in the [...]
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 [...]
