Victory: U.S. Education Secretary Betsy DeVos to maintain IDEA obligations for states

Parents of children with disabilities and their advocates pushed Secretary DeVos to maintain IDEA obligations for states during the COVID-19 pandemic. Yesterday, we won. The Coronavirus Aid, Relief, and Economic Security (CARES) Act, enacted March 27, 2020, gave the Secretary 30 days to issue a report to Congress with her “recommendations on any additional waivers [...]

Victory: U.S. Education Secretary Betsy DeVos to maintain IDEA obligations for states2020-04-28T16:23:42-04:00

Heather J. Hulit in Legal Intelligencer: The Problem with Compensatory Education as an IDEA Remedy and the Solution

Associate attorney Heather J. Hulit published an article in the Legal Intelligencer arguing that the way schools distribute compensatory education is rife with delays and unexpected denials. In addition to the negative impact this has on children, it limits the capacity of special education litigation to deter schools from violating students’ rights.  She argues that [...]

Heather J. Hulit in Legal Intelligencer: The Problem with Compensatory Education as an IDEA Remedy and the Solution2020-04-01T19:16:30-04:00

Special Education in the Pandemic: Update on the Philadelphia Public Schools and Resources for Parents

During this unprecedented COVID-19 pandemic, our public schools need to show creativity and perseverance to minimize disruptions to learning. This is especially true for the most vulnerable students, including students with special needs, who stand to lose the most from an extended absence from school. While Pennsylvania school buildings are closed for the remainder of [...]

Special Education in the Pandemic: Update on the Philadelphia Public Schools and Resources for Parents2020-05-04T10:21:08-04:00

Dave Berney Argues for Rights of Minors Facing School Discrimination before PA Supreme Court

When a child faces discrimination, does the child’s right to sue depend on whether a parent takes prompt action, or may the child wait until adulthood and sue then? On March 10, 2020, in oral arguments before the Pennsylvania Supreme Court, Dave Berney, Esq., argued that the limitations period must stop for minors facing discrimination [...]

Dave Berney Argues for Rights of Minors Facing School Discrimination before PA Supreme Court2020-04-01T18:05:59-04:00

Robin Lipp in Legal Intelligencer: Why Philadelphia Public Schools Need More State Funding

This week, associate attorney Robin Lipp published an article in the Legal Intelligencer surveying distressing signs in Philadelphia’s public schools. The article concludes that Philadelphia needs more state funds to address its basic problems, and that an ongoing lawsuit under the Pennsylvania Constitution will clarify the state’s legal obligation to provide adequate and equitable funding. [...]

Robin Lipp in Legal Intelligencer: Why Philadelphia Public Schools Need More State Funding2020-04-01T18:04:33-04:00

Berney Delivers Win for Client: Family Prevails at Due Process, Obtaining Tuition and Compensatory Education

This month, a family represented by partner David J. Berney prevailed in a special education due process hearing before the Pennsylvania Office of Dispute Resolution.  The family sued their child’s school district, alleging that it violated the child's right to a free and appropriate public education under the Individuals with Disabilities Education Act.  With Dave’s [...]

Berney Delivers Win for Client: Family Prevails at Due Process, Obtaining Tuition and Compensatory Education2019-12-21T16:30:34-05:00

Attorney Robin Lipp, Former Law Clerk to U.S. District Judge Cathy Bissoon, Joins Berney & Sang

Berney & Sang is excited to announce that Robin Lipp, Esq., is joining the firm as an associate attorney.  He brings to the firm his recent experience clerking for the Honorable Cathy Bissoon of the United States District Court for the Western District of Pennsylvania. Robin earned his Juris Doctor from Harvard Law School and [...]

Attorney Robin Lipp, Former Law Clerk to U.S. District Judge Cathy Bissoon, Joins Berney & Sang2019-12-10T17:09:08-05:00

Golembiewski in Legal Intelligencer: Compensatory Education Can Help ELLs

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 [...]

Golembiewski in Legal Intelligencer: Compensatory Education Can Help ELLs2019-12-21T16:31:27-05:00

Commonwealth Court to Hear Wible v. School District of Philadelphia En Banc

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 [...]

Commonwealth Court to Hear Wible v. School District of Philadelphia En Banc2019-09-30T22:38:59-04:00

Berney & Sang Counsels Amicus Brief for Leading Learning-Disabilities Nonprofits

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 [...]

Berney & Sang Counsels Amicus Brief for Leading Learning-Disabilities Nonprofits2019-09-21T16:13:08-04:00