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 [...]
Last month, David J. Berney argued an important special education case before the Third Circuit Court of Appeals. Berney argued that a special education parent is entitled to attorney's fees when a school district includes neither fees nor pendency in a 10-day offer. (A 10-day offer is a type of settlement offer made in special [...]
Question: I suspect my child's IEP may not be appropriate, but I am not an expert. I want to keep up good relations with my child’s school because I have 2 other children, but my friends tell me to hire an attorney or an advocate. What consequences should I expect if I decide to fight [...]
In summer 2017, attorney Jennifer Sang was named at partner at Berney law. Jennifer has litigated hundreds of special education cases, consistently achieving excellent results for parents and students. The firm is grateful to have her as a partner.
