David J Berney

September 23, 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

June 25, 2015 | The Legal Intelligencer

In a kindergarten classroom of 16 children, four will stand out due to their English language deficits. For most of these children, Spanish will be the only language in which they can effectively learn and socialize. Even though they arrived at their kindergarten classroom excited about learning, not before long, they will realize that they're different. While their peers follow their teacher's instructions, these other children will remain bemused and silent, unable to even communicate their lack of understanding.

By David J. Berney, Kevin A. Golembiewski and Calisha Myers

7 minute read

June 25, 2015 | The Legal Intelligencer

In a kindergarten classroom of 16 children, four will stand out due to their English language deficits. For most of these children, Spanish will be the only language in which they can effectively learn and socialize. Even though they arrived at their kindergarten classroom excited about learning, not before long, they will realize that they're different. While their peers follow their teacher's instructions, these other children will remain bemused and silent, unable to even communicate their lack of understanding.

By David J. Berney, Kevin A. Golembiewski and Calisha Myers

7 minute read

March 26, 2015 | The Legal Intelligencer

On Dec. 14, 2012, Adam Lanza killed 28 individuals, including school children and teachers, before taking his own life at Sandy Hook Elementary School in Newtown, Connecticut, in one of the deadliest mass shootings that this country has ever witnessed. The Child Advocate of Connecticut, the state agency that was charged with investigating the incident, reported that Lanza had been suffering from mental health issues throughout his educational career but had received "minimal" supports from his various schools to address such issues. The Child Advocate concluded that this failure amounted to a "lapse" in the education system's response to Lanza's needs.

By Kevin A. Golembiewski and David J. Berney

6 minute read

March 25, 2015 | The Legal Intelligencer

On Dec. 14, 2012, Adam Lanza killed 28 individuals, including school children and teachers, before taking his own life at Sandy Hook Elementary School in Newtown, Connecticut, in one of the deadliest mass shootings that this country has ever witnessed. The Child Advocate of Connecticut, the state agency that was charged with investigating the incident, reported that Lanza had been suffering from mental health issues throughout his educational career but had received "minimal" supports from his various schools to address such issues. The Child Advocate concluded that this failure amounted to a "lapse" in the education system's response to Lanza's needs.

By Kevin A. Golembiewski and David J. Berney

6 minute read

December 11, 2014 | The Legal Intelligencer

Over the years, Lower Merion has ranked as one of the best school districts in Pennsylvania. Yet, at the same time, African-American parents and students have repeatedly asserted that the Lower Merion School District discriminates against its African-American students. Are the educational experiences of white and black students so different that it gives rise to a Dickens-like tale of two schools? That controversy recently came to the fore in Blunt v. Lower Merion School District.

By David J. Berney and Kevin A. Golembiewski

9 minute read

October 30, 2014 | The Legal Intelligencer

When it comes to kindergarten students, Pennsylvania's compulsory attendance laws are far from a model of clarity. Ambiguities and contradictions in the laws and their implementing regulations have created significant confusion as to whether kindergarten students can be found truant.

By Kevin A. Golembiewski and David J. Berney

7 minute read

June 18, 2014 | The Legal Intelligencer

May 17 marked the 60th anniversary of Brown v. Board of Education. Some have hailed the case as a watershed moment in the history of the American legal system—a decision that launched the civil rights movement of the '50s and '60s. Subsequent critics have claimed that the practical impact of the case has been largely overstated.

By David J. Berney and Kevin A. Golembiewski

6 minute read

April 09, 2014 | The Legal Intelligencer

Although the importance of education is clear, our education system is rife with inequality and continues to fail a large proportion of our students. On the whole, typical children in affluent districts fare well.

By David J. Berney

7 minute read

February 06, 2014 | The Legal Intelligencer

In the 40 years since the enactment of the Individual with Disabilities Education Act (IDEA), minority students have consistently been overrepresented in special education.

By David J. Berney and Kevin A. Golembiewski

5 minute read