David J Berney

July 27, 2021 | The Legal Intelligencer

About 50 years ago when students protesting the Vietnam War dominated the news, the U.S. Supreme Court balanced First Amendment rights belonging to students against in loco parentis responsibilities belonging to school officials.

By Laura Susan Raphael and David J. Berney

5 minute read

December 18, 2018 | The Legal Intelligencer

Those who attain higher levels of educational achievement tend to fare better in life than their less-educated counterparts since more schooling, on average, correlates with higher incomes, better health and a longer life expectancy.

By David J. Berney

9 minute read

July 04, 2017 | The Legal Intelligencer

M.M. grew up in an inner-city neighborhood in Boston. While in utero, M.M. experienced fetal distress while exposed to crack cocaine. As an adolescent, his mother was repeatedly incarcerated due to drug use. Because M.M. never knew his father, he ­transitioned in and out of foster homes, and at times, found himself homeless.

By David J. Berney 
and Morgen Black-Smith

12 minute read

March 24, 2017 | The Legal Intelligencer

On Feb. 22, the Supreme Court decided Fry v. Napoleon Community Schools, a case that considered the interplay between the exhaustion requirements of the Individuals with Disabilities Education Act (IDEA), Title II of the American with Disabilities Act, and Section 504 of the 1973 Rehabilitation Act.

By David J. Berney

16 minute read

December 27, 2016 | The Legal Intelligencer

As Barack Obama's presidency draws to a close, it is worthwhile to reflect back on some of his accomplishments in the area of education. The president was able to promote a number of ambitious educational policies. Those achievements are all the more remarkable given Republican control of one or both houses of Congress during most of his presidency and the presence of critics from the left, right and center who excoriated his policy prescriptions. While President Obama's achievements should not be ­understated, it remains to be seen in light of his critics whether his overall legacy will benefit students.

By David J. Berney 
and Morgen Black-Smith

16 minute read

June 24, 2016 | The Legal Intelligencer

Starting at the age of 3, Lauren felt like a girl trapped in a boy's body. At school, due to her gender nonconformity, her classmates began calling her names such as "man beast." The harassment escalated to the point where students spit on her, parents insulted her, and on one ­occasion, peers tried tearing off her clothing to expose her genitals.

By David J. Berney 
and Morgen Black-Smith

15 minute read

March 24, 2016 | The Legal Intelligencer

Several years ago, our office ­represented a student by the name of A.S. A.S. is considered "intellectually disabled." Statistics tell us that the chances of him enrolling in post-secondary education are small, around 30 percent, and his odds of attending a four-year college are even less likely, about 5 percent.

By David J. Berney 
and Jennifer Sang

15 minute read

December 31, 2015 | The Legal Intelligencer

This past October, an African-American student at Spring Valley High School in Columbia, South Carolina, suffered injuries to her arm, neck and back after a white school resource officer flipped the girl out of her chair, dragged her across the classroom floor, and handcuffed her.

By Calisha Myers
and David J. Berney

6 minute read

December 30, 2015 | The Legal Intelligencer

This past October, an African-American student at Spring Valley High School in Columbia, South Carolina, suffered injuries to her arm, neck and back after a white school resource officer flipped the girl out of her chair, dragged her across the classroom floor, and handcuffed her.

By Calisha Myers
and David J. Berney

6 minute read

September 24, 2015 | The Legal Intelligencer

Under the Individuals with Disabilities Education Act (IDEA), a parent of a child with a qualifying disability may bring suit when a school district fails to afford an appropriate education to the student. The parent's right to sue also extends to actions against charter schools that violate the student's IDEA rights.

By Calisha Myers and David J. Berney

5 minute read