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Firm News
McAndrews Selected As Super Lawyer for 6th Consecutive Year McAndrews Law Offices, P.C. is pleased to announce that Dennis C. McAndrews, Esquire has been selected by Philadelphia Magazine for the 6th consecutive year as a “Super Lawyer” in the field of Special Education Law for 2011. He has received the highest rating by Martindale Hubble and his colleagues for attorneys in the field of Estate Planning.
Heather Hulse Successfully Secured a Hearing Officer Decision Extending the Statute of Limitations Heather Hulse successfully secured a Hearing Officer decision extending the statute of limitations time period allowing the parent to seek more than two years of compensatory education. The Hearing Officer found the School District’s failure to inform the child’s parents that it could offer a special education evaluation when the parents asked for help was a “specific education”, “evaluation”, “testing”, or “assessment.” When requesting assistance from the School District, and the District’s failure to respond permitted an extension of the presumptive two year limitation period. Dean Beer Recently Won Private School Reimbursement for Parents Who Sought to Maintain Their Child in a Private School Placement The Hearing Officer found that the School District failed to offer the Student a appropriate Individualized Education Plan (IEP) because the IEP failed to include an appropriate transition plan. The Student suffered from anxiety from being bullied at the public school and required an appropriate plan to transition the Student back from the private school as proposed by the District. Significantly, the IEP that was held inappropriate had been developed at an IEP meeting that included the parent’s advocate and the School District’s attorney. Dennis McAndrews, Esquire Speaks to Conestoga High School Students During "Career Week" On April 13, Dennis McAndrews spoke to Conestoga High School Students during “Career Week” to describe his career in the law. Mr. McAndrews spoke of the steps students must take in preparation for a career in the law, and especially in his fields of practice of Disability Law and Estate Planning. He also spoke of the importance of experiencing a wide variety of work opportunities, including working with the public and manual labor as excellent preparation for work in a profession, as every type of work activity helps a professional to develop judgment, empathy, and perspective, all of which are essential in assisting families with their legal issues. If your school or organization would like such a presentation, please feel free to call upon the lawyers at MLO. Michael Gehring Esquire Joins Special Education Department McAndrews Law Offices is pleased to announce that on March 28, 2011, Michael Gehring, Esq. joined our Special Education Department. Michael brings over 20 years of litigation and appellate experience to our office. Michael will actively handle our federal court and state court activities with regard to special education and injury cases, as well as handling special education administrative hearings. Firm Opens New Office in Wilmington, Delaware McAndrews Law Offices is pleased to announce the opening of a Special Education and Special Needs Planning practice in the State of Delaware. For over 20 years, MLO has served the needs of children with disabilities in every type of special education matter in Pennsylvania. We are excited to bring our extensive experience and advocacy on behalf of children with disabilities to the State of Delaware. If you or someone you know might benefit from our services, please call our Wilmington office at McAndrews Law Offices Obtains Significant Accommodations for Disabled Student To Take Scholastic Aptitude Test (SAT) McAndrews Law Offices recently successfully obtained significant accommodations for a student with disabilities who had been denied such accommodations for the Scholastic Aptitude Test (SAT). Under the Americans With Disabilities Act, appropriate accommodations must be provided to students with disabilities who require such adjustment for testing such as the SAT and the ACT. It is not uncommon for students to be denied accommodations by these testing agencies, but skilled advocacy and knowledge of the information required by these agencies is critical in pursuing appropriate assistance for students with disabilities. McAndrews Law Offices is prepared to assist families in pursuing appropriate accommodations for children with disabilities Heather Hulse, Esquire, of the Scranton office of McAndrews Law Offices recently won a significant decision before a Pennsylvania Special Education Hearing Officer Heather Hulse, Esquire, of the Scranton office of McAndrews Law Offices recently won a significant decision before a Pennsylvania Special Education Hearing Officer.In this case, the Hearing Officer decided that the student had been denied a free appropriate public education by a school district in Northeastern Pennsylvania, and awarded a significant number of compensatory education hours to remediate the child’s special needs as a result of the loss of proper educational programming. Significantly, the award mandated that the child’s parents may select the form and service providers for the compensatory education, and the award and order indicated that the allowable costs of these services would total the salaries and related costs to the school district of the faculty which should have provided the services in the first instance. McAndrews Law Offices thanks Heather for her hard work on this case, and looks forward to the family’s use of compensatory education services to develop meaningful educational progress for our client. McAndrews Law Offices Recently Won A Major Victory In The Third Circuit Court Of Appeals In A Case Arising Out Of The Philadelphia School District McAndrews Law Offices recently won a major victory in the Third Circuit Court of Appeals in a case arising out of the Philadelphia School District. The Third Circuit Court of Appeals (the federal court one step removed from the United States Supreme Court) held that a young woman was entitled to compensatory education services in the form of an IEP which permitted the student to attend an Approved Private School beyond the age of 21. In previous proceedings, McAndrews Law Offices convinced a federal District Court judge that the court’s equitable powers under the Individuals With Disabilities Education Act provided authority for the Court to require the School District of Philadelphia to develop and implement an Individualized Education Plan to allow the child to attend a private school after the age of 21. The court also recognized that in some circumstances, a monetary award of compensatory education may be inadequate to allow a child to be “made whole” as a result of a district’s inadequate program, and that additional relief such as the development of a post-21 IEP may be required. Our best wishes to our client who will now receive critically necessary services as compensatory education! McAndrews Law Offices Files Suit in Federal Court to Preserve Compensatory Education Rights of a Child Who Attended an Insolvent Charter School McAndrews Law Offices recently filed a federal action to hold a local school district and the Pennsylvania Department of Education responsible for the failure of an insolvent charter school to provide appropriate programming for a child with disabilities during his program at the charter school. The charter school went out of business due to financial difficulties in 2008 and the school was absorbed into the Chester Upland School District. Although substantial evidence exists to establish that the child received significantly inadequate programming to meet his special education needs while at the charter school, a Pennsylvania hearing officer refused to consider the case against either the Chester Upland School District or the Pennsylvania Department of Education, both of which maintain oversight obligations with regard to charter schools in their jurisdiction. McAndrews Law Offices therefore filed an action in the United States District Court of the Eastern District of Pennsylvania to contest the refusal of the hearing officers to consider these cases, and to hold the school district and State Department of Education accountable for their failure to properly oversee the operations of the charter school within their jurisdiction. Substantial legal precedent exists for the position taken by McAndrews Law Offices in this matter. The federal special education law known as the Individuals With Disabilities Education Act requires states to insure that all children within their jurisdiction receive a free appropriate public education (FAPE), regardless of whether they attend local school districts or independent charter schools. Charter schools are obligated under Pennsylvania law to provide the same special education services as public schools. The Pennsylvania School Code requires that local school districts and PDE each maintain an oversight function over charter schools, and recent news reports have highlighted the failures of local school districts to effectively oversee the operations of charter schools within their borders. In a case known as Cordero v. Commonwealth, a federal judge in Harrisburg ruled in 1993 that the state’s obligations to insure FAPE for all students is mandatory, and cannot be completely delegated to local school entities. Please watch our website for further developments in this important case. The United States Court of Appeals For The Third Circuit Affirmed Award Of Counsel Fees To Family Represented By Mcandrews Law Offices, P.C. The United States Court of Appeals for the Third Circuit recently affirmed a ruling the District Court in Philadelphia which awarded reimbursement of counsel fees to a family represented by McAndrews Law Offices. Both the Court of Appeals and the District Court held that the School District of Philadelphia was responsible for payment of counsel fees, and that the work completed by McAndrews Law Offices in successfully pursuing compensatory education on behalf of a child with disabilities was fair, reasonable, and cost-effective. |
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Main Office: McAndrews Law Offices | 30 Cassatt Avenue | Berwyn, PA 19312 The information within this site is not, nor is it intended to be, legal advice. You should consult an attorney |
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