Success Stories
Education Cases
Succeeded against the Colonial School District, securing tuition reimbursement for private school for the student. The hearing officer’s decision is K.C. v. Colonial School District (August 31, 2024).
Prevailed in special education due process hearing against the School District of Philadelphia, winning over three years of compensatory education, direct, school-based speech and language therapy, and an assistive technology evaluation for student. The hearing officer’s decision is D.D. v. School District of Philadelphia, (December 24, 2023).
Succeeded against the Perkiomen Valley School District in special education due process hearing. Won 400 hours of compensatory education and reimbursement for a speech and language evaluation. The hearing officer’s decision is A.M. v. Perkiomen School District (September 16, 2021).
Won special education due process hearing against the Upper Merion School District, gaining over two years of compensatory education for the student, tuition reimbursement for private school, and reimbursement for an independent educational evaluation, among other relief. The hearing officer’s decision is J.H. v. Upper Merion School District (July 9, 2021).
Prevailed for the second time in Rena C. v. Colonial School District (Dec. 16, 2020), an Individuals with Disabilities Education Act case before the United States Court of Appeals for the Third Circuit. Reversing the lower court again, the Third Circuit held that parents who are substantially justified in rejecting a school district’s pre-litigation settlement offer, and then succeed in obtaining full relief on their claim through the administrative process, may not face an issue-by-issue reduction in attorney’s fees. Instead, prevailing parents are entitled to their reasonable attorney’s fees, without the exceptions imposed by the lower court.
Succeeded in special education due process hearing against the West Oak Lane Charter School. Won 800 hours of compensatory education and reimbursement for an independent educational evaluation, among other relief, for a student with disabilities. The hearing officer’s decision is M.T. v. West Oak Lane Charter School (Dec. 15, 2020).
Defended the rights of parents and their child with disabilities against the Montgomery County Intermediate Unit (MCIU) in an appeal to the United States District Court for the Eastern District of Pennsylvania. Won a federal judicial order affirming private school tuition reimbursement for parents and concluding—contrary to the special education hearing officer’s decision—that the MCIU failed to offer them a free and appropriate public education for their child. The federal decision is Montgomery County Intermediate Unit No. 23 v. A.F. (Dec, 9, 2020).
Won landmark Pennsylvania Supreme Court case holding that bullying victims have until 6 months after their 18th birthday to bring discrimination claims against their school districts under the Pennsylvania Human Relations Act. The majority opinion from the Pennsylvania Supreme Court is Nicole B. v. School District of Philadelphia (Sep. 16, 2020).
Succeeded in special education due process hearing against the William Penn School District. Won private school tuition reimbursement and an independent educational evaluation at public expense for a student with disabilities. The hearing officer’s decision is B.M. v. William Penn School District (Dec. 23, 2019).
Prevailed in special education due process hearing against the School District of Philadelphia. For teenage student with disabilities, successfully obtained compensatory education, private school tuition, and transportation reimbursement. The hearing officer’s decision is C.K. v. School District of Philadelphia (Dec. 10, 2019).
Successfully appealed a hearing officer decision and obtained a federal-court order awarding a parent of a child with disabilities $135,200 in compensatory education. The federal decision is Jada H. v. Rivera, No. 18-487 (E.D. Pa. Feb. 4, 2019).
Succeeded in a federal special-education action in the United States District Court for the Eastern District of Pennsylvania, securing private school tuition for two students. The District Court’s decision is Commonwealth Department of Education v. D.E., No. 17-4433 (E.D. Pa. Apr. 5, 2019).
Prevailed in a special education due process hearing against the Perkiomen Valley School District. Obtained for a high school student with disabilities tuition reimbursement for a private school and reimbursement for independent educational evaluations.
Won a verdict of over $1,000,000 for a student in a bullying case against the School District of Philadelphia. The court found that the District discriminated against the student by ignoring gender-based harassment that she suffered. The case is A.W. v. School District of Philadelphia. The Court’s opinion is here.
Prevailed in an Individuals with Disabilities Education Act case before the United States Court of Appeals for the Third Circuit. Reversing the lower court, the Third Circuit held that a parent is substantially justified in rejecting a school district’s settlement offer if the offer does not include attorney’s fees. The decision is Rena C. v. Colonial School District.
Prevailed before the United States Court of Appeals for the Third Circuit, reversing and reinstating a disability discrimination case that had been dismissed by the lower court. The decision is Chambers v. School District of Philadelphia.
Won before the United States Court of Appeals for the Third Circuit on behalf of a group of parents. Reversing the lower court, the Third Circuit held that parents are prevailing parties in Individuals with Disabilities Education Act cases when they succeed on an independent claim to enforce their procedural rights. The decision is H.E. v. Walter D. Palmer Leadership Learning Partners Charter School.
In a case with significant ramifications for parents in Pennsylvania, Berney & Sang secured a decision on behalf of a parent of a child with disabilities where a Pennsylvania Hearing Officer ordered the School District of Philadelphia to fund a special needs trust for a student with specific learning disabilities in the amount of approximately $180,000 due to the District’s failure to provide a free and appropriate public education to the Student. In addition, the Hearing Officer ordered the District to pay for the Student to attend a private school. The decision is Q.H. v. School District of Philadelphia.
In a case of first impression, Berney & Sang achieved a decision from the Eastern District of Pennsylvania holding that the state is responsible for ensuring that students’ special education rights are honored when a charter school goes defunct. The decision is critical for students with disabilities because it ensures that they receive the services to which they are entitled even if their charter school closes its doors. The decision is Charlene R. v Solomon Charter School.
Prevailed in a special education due process hearing, winning the full relief requested, including compensatory education and placement in the least restrictive environment for a student with autism, speech and language impairment, and specific learning disabilities. The decision is D.W. v. School District of Philadelphia.
Won a special education due process hearing against Khepera Charter School, obtaining full days of compensatory education funding for the student for nearly two years of schooling. The student was able to use the compensatory education funding to attend a private school. The decision is T.T. v. Khepera Charter School.
Obtained a decision ordering the Pennsylvania Department of Education to provide compensatory education to a student who was denied an appropriate education while attending a now-defunct charter school. The decision is X.J. v. Pennsylvania Department of Education.
Prevailed in a special education due process hearing on behalf of parents of a child who is both gifted and on the autism spectrum. Obtaining a decision ordering the School District of Philadelphia to pay for the student’s private placement. The decision is S.M. v. School District of Philadelphia.
Won a special education due process hearing against Young Scholars Kenderton Charter School, obtaining prospective private placement at the Y.A.L.E. School for two brothers. The decisions for each brother can be accessed here.
Prevailed in a special education due process hearing against the School District of Philadelphia, obtaining over 1000 hours of compensatory education for a student with autism. The decision is D.C. v. School District of Philadelphia.
Won a special education due process hearing against the School District of Philadelphia, obtaining a special education trust fund for a student with autism. The decision is I.M. v. School District of Philadelphia.
Won a special education due process hearing, obtaining for a student with a severe learning disability reimbursement for private school tuition and compensatory education services. The decision is C.O. v. School District of Philadelphia.
Prevailed in a special education due process hearing against the Pennsylvania Department of Education, obtaining funding for student’s placement at a private school. Berney & Sang sued the Department of Education for relief because the student’s charter school shut down. The decision is A.D. v. Pennsylvania Department of Education.
Prevailed in a special education due process hearing against the Pennsylvania Department of Education, obtaining over 1,000 hours of compensatory education services. Berney & Sang sued the Department of Education for relief because the student’s charter school shut down. The decision is T.T. v. Pennsylvania Department of Education.
Obtained a favorable ruling in the Eastern District of Pennsylvania on behalf of a group of special education students. The court held that the students had a right to a special education due process hearing against the Pennsylvania Department of Education. The decision is H.E. v. Pennsylvania Department of Education.
Prevailed in a special education due process hearing, obtaining hundreds of hours of compensatory education for a student. The hearing officer held that the School District of Philadelphia violated its child-find obligations under the Individuals with Disabilities Education Act. The decision is S.J. v. School District of Philadelphia.
Prevailed in a special education due process hearing, obtaining hundreds of hours of compensatory education for a student. The hearing officer held that the Upper Darby School District violated its child-find obligations under the Individuals with Disabilities Education Act and failed to provide the student a free and appropriate public education. The decision is W.P. v. Upper Darby School District.
Negotiated a settlement providing two years of private school tuition and hundreds of hours of compensatory education to a student with autism.
Obtained through settlement approximately $500k in educational funding for parents of a student with a disability.
Negotiated a six-figure settlement on behalf of a class of university students who sued their university for breach of contract and fraud.
Achieved through settlement over $180K in compensatory education funds for a parent of a student with autism in Pennsylvania. The family was able to use the funds to pay for the student to attend a private special needs school.
Obtained private placement and approximately $150K in compensatory education funds for a parent of a child with multiple disabilities in Pennsylvania.
Obtained private school placement and compensatory education services for a student with specific learning disabilities, resulting in a total recovery of over $110K.
Litigated a case in the Eastern District of Pennsylvania on behalf of parents of a student with autism. Through the litigation, the parents obtained approximately 2.5 years of compensatory education.
Employment Cases
Achieved a six-figure settlement in an employment discrimination lawsuit, which resulted in reinstatement of a correctional officer who had been wrongfully terminated from her position.
Obtained a six-figure settlement on behalf of four employees who were sexually harassed by a supervisor.
Negotiated a six-figure settlement on behalf of an African American doctor who suffered race discrimination in the workplace.
Achieved a six-figure settlement on behalf of a police officer in a free-speech retaliation case.
Achieved a six-figure settlement on behalf of a correctional officer who suffered disability discrimination in the workplace.
Participated in a multi-million dollar class action lawsuit against Johnson & Johnson for race discrimination.
Obtained an arbitration award on behalf of a woman who had been sexually harassed by a female supervisor.