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 [...]
If your child receives special education services, she is protected by the Individuals with Disabilities Education Act (IDEA). The IDEA is a federal law that was passed in 1975 “to ensure that all children with disabilities have available to them a free appropriate public education that emphasizes special education and related services designed to meet [...]
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 [...]
This month, the District Court for the Eastern District of Pennsylvania ruled for a Berney & Sang client in a special-education case against the Pennsylvania Department of Education. The District Court ordered the Department to provide private-school tuition for the client's two children. The children, both of whom qualify for special-education services, previously attended a [...]
This week, parents represented by attorney Vanita Kalra prevailed in a special education due process hearing against their child's school district. With Vanita's assistance, the parents obtained compensatory education services and a year of private-school tuition reimbursement. A hearing officer from the Pennsylvania Office of Dispute Resolution decided the case. The decision will soon be available here.
This week, associate Kevin Golembiewski published an article in the Legal Intelligencer highlighting a recent federal-court decision ordering the U.S. Department of Education to honor Obama-era regulations that address racial disparities in special education. The decision is a major win for families. The Council of Parents Attorneys and Advocates was the plaintiff in the case. [...]
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 [...]
This month, Berney & Sang secured over $135,000 of compensatory education for a parent and child in federal court. The case, Jada H. v. Pennsylvania Department of Education, arose under the Individuals with Disabilities Education Act (IDEA). The child was denied a free and appropriate public education (FAPE) while attending a charter school, but the charter school [...]
On October 24, 2018, partner David J. Berney presented on special education law at the Jenkins Law Library in Philadelphia. His presentation focused on his path to becoming a special education lawyer and why others should consider a career in special education law. The presentation was inspired by associate Kevin Golembiewski's recent article, Recent Law School [...]
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. [...]
