As children with disabilities transition into adulthood, parents in Pennsylvania encounter new questions: Can the now-adult child conduct their own affairs? Manage their own money? Do they need help or guidance all the time or only some of the time? Are their disabilities such that they can sometimes make decisions for themselves without support and sometimes not at all? Guardianship and power of attorney are two ways to help someone who needs support in making important life decisions. Both allow one person to make choices for another, but to different…
As a legal firm that defends the legal rights of students, we often find ourselves litigating complex cases of discrimination in higher education. These cases pose numerous challenges, including proving intent, navigating each institution’s idiosyncratic policies, and contending with the asymmetric power relationship between an institution of higher education (which are multimillion-dollar and, in some cases, multibillion-dollar organizations, with thousands of employees) and an individual student who frequently just wants to get their degree and move on. Our goal in each such case is to use the rights structures that…
Balancing the long sunny days, barbeques, and swim sessions with educational or academic intervention may seem like an impossible task, but it’s something to consider if you have a child with special education needs. Here are some tips and tricks to enable your special needs child to enjoy this summer, while also helping them maintain the progress they made during the school year: 1. Request progress reports if you have a child participating in Extended School Year (ESY) If your child is enrolled in Extended School Year (ESY) services through…
What is Mental Health Awareness Month? May is Mental Health Awareness Month (MHAM). MHAM was established in 1949 to increase awareness of the importance of mental health and wellness in our lives and to celebrate recovery from mental illness. Although mental health disease has always been a part of our society, since the COVID pandemic, adults and children have reported a higher prevalence of anxiety and depression symptoms. In February of 2023, the CDC released a report that surveyed 17,232 American students in 2021. It found that nearly three (3)…
What are special education evaluations? Does your child have a Section 504 plan for Attention-deficit/hyperactivity disorder (ADHD) but requires more executive functioning or organizational support in school? Does your child have an Individualized Education Plan (IEP) for speech and language services, but still struggles in school socially or behaviorally? Or, does your child have neither a Section 504 Plan nor an IEP and you want to know how they can obtain more support and services in school? A special education evaluation (also referred to as a psycho-educational evaluation) will address…
What is Mediation in the context of special education disputes? Has your school district removed or decreased your child’s speech and language service(s) or occupational therapy service(s) from your child’s IEP? Or proposed that your child be removed from his or her local elementary school and placed in a different elementary school in an emotional support classroom? If you disagree with your school district’s special education decision(s) regarding your child’s services or placement, one option for resolving that dispute is to request mediation. In Pennsylvania, the Office for Dispute…
What is Extended School Year Services (“ESY”)? ESY are special education and related services provided to students with disabilities beyond the 180-day school year for school-age students. Not all students with disabilities are eligible for ESY. While students with Individualized Education Plans (IEPs) are eligible for ESY, students with Section 504 Plans are not eligible. For those students with IEPs, ESY must be provided to students if it is necessary to provide them with a free appropriate public education (FAPE). For students living in Pennsylvania, ESY can take place during:…
Does your child suffer from chronic health conditions? Has your child missed school multiple times throughout the year because of chronic health conditions? Has your school district not offered you support or services to ensure that your child is still able to access their education? There is an increasing number of chronic health conditions impacting our youth. Chronic disease in children has become one of the fastest-growing public health concerns. While your school district may recognize some of the more common conditions like asthma, diabetes, and epilepsy, and have may…
If you've ever wondered about the rights children have under the U.S. legal system, you're not alone. Understanding these fundamental principles is crucial for anyone concerned with the well-being and legal protection of children in our society. So, let's dive in and explore the primary principles that govern children's rights under the law. Children's rights under U.S. legal code are based on a set of core principles, including the right to education, protection from abuse and neglect, access to healthcare, and the right to have their best interests considered in…
This past Monday, the Perkiomen Valley School District’s governing board approved a policy barring transgender children from accessing the multi-user restrooms that conform with their gender identities. It did so because a parent in the District claimed that his child was rendered “upset and emotionally disturbed” by a suspicion that a trans girl was using the girl’s bathroom. That parent alleged that trans girls (who are girls) using girls’ bathrooms is “a simple matter of biology, safety, [and] personal space.” Why is that a problem? Numerous school districts in our…
Have you ever wondered about the unique obstacles children face when navigating the complexities of the legal system? Understanding these challenges is crucial, as it paves the way for effective solutions and support. So, what are the specific challenges faced by children in legal proceedings? Let's dive in and explore the ways in which legal representation addresses these obstacles. In legal proceedings, children may encounter difficulties such as a limited understanding of legal concepts, potential intimidation or fear, and a lack of resources to advocate for themselves effectively. Concerned legal…
As a parent, guardian, or someone passionate about the well-being of children, you may wonder how legal representation can protect children and vindicate their rights and empower them. So, let's delve into this important question: How can children be empowered through legal representation? Legal representation gives children a voice in protecting their own rights and ensuring that their best interests are at the forefront of legal proceedings. It provides them with a platform to express their views and concerns, while knowledgeable advocates fight for their rights within the legal system.…
As a parent, it's natural to want to protect your child. That sometimes may require seeking and engaging legal representation on your child’s behalf. But the various legal systems can be complex and finding the right attorney can be overwhelming. Whether it's a school disciplinary matter, educational accommodations issue, or a juvenile charge, you want to ensure that your child has the best possible representation. It’s certainly important find someone experienced and knowledgeable in the area of law in which your child needs representation. But there are also other factors…
When a family faces legal issues affecting a child, it is essential to have the right legal representation to ensure that their rights and interests are protected. Finding a lawyer that specializes in children's legal issues can feel overwhelming, but you can simplify the process by considering several important factors as you seek legal assistance for children. Parents or guardians must make the decision to obtain legal representation for a child, and it’s a decision that can have lasting consequences. Whether it's a school disciplinary violation, a juvenile delinquency case,…
