McAndrews Law Offices : Firm News
McAndrews Law Offices, P.C.

Firm News

To The Surprise Of Many Political And Economic Observers, Congress Has Not Yet Acted To Address The Federal Estate Tax Which Effectively Expired On December 31, 2009

To the surprise of many political and economic observers, Congress has not yet acted to address the Federal Estate Tax which effectively expired on December 31, 2009, but which will return with a vengeance in January 2011 unless Congress acts soon. Under the present law, individuals who die in the year 2010 are not subject to Federal Estate Tax, but most observers believe that Congress will, in 2010, enact a new Federal Estate Tax with a level approximating the 2009 exclusion of $3,500,000.00 per person. But if Congress does not act, the Federal Estate Tax threshold will revert to $1,000,000.00 per individual in 2011. As 2010 marches forward without Congressional action, many political observers are concerned that inaction in Washington will cause the Federal Estate Tax threshold to revert to $1,000,000.00. Everyone whose assets (including home, life insurance, retirement plans, and all other assets) which might exceed $1,000,000.00 should pay careful attention to news reports on this issue, and reevaluate their estate plan accordingly. Please watch for updates on the website and Facebook of McAndrews Law Offices, P.C.

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' Attorney, Gabrielle Sereni, 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. Congratulations to Gabrielle Sereni, Esquire, who handled this matter in the federal courts for McAndrews Law Offices, and 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.

On January 27, 2010, The Philadelphia Court Of Common Pleas Recognized Dennis Mcandrews In The Pro Bono Honor Roll For The First Judicial District For The Year 2009

The Certificate presented to Mr. McAndrews identified him as “An attorney whose pro bono work has been recognized by the judiciary as exemplary.” McAndrews Law Offices is committed to serving the community in multiple ways, and in providing services wherever possible to individuals in times of need in the areas of our expertise. Mr. McAndrews extends his thanks to the First Judicial District for this kind recognition!

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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  • As 2010 marches forward without congressional action,many political observers are concerned that inaction in Washington will cause the Federal Estate Tax threshold to revert to $1,000,000.00. Everyone whose assets (including home, life insurance, retirement plans, and all other assets) which might exceed $1,000,000.00 should pay careful attention to news reports on this issue, and reevaluate their estate plan accordingly. Please watch for updates on the website and Facebook of McAndrews Law Offices, P.C. Read More →
  • In 1993, a Pennsylvania Federal District Court issued a landmark implementation order. In the case of Cordero v. Commonwealth of Pennsylvania, the Court required all Pennsylvania agencies who are involved in the education of children with disabilities to coordinate their efforts and to ensure that the rights of children to a free appropriate public education are honored. Read The Full Order →
  • Heather Hulse, Esquire, of the Scranton office of McAndrews Law Offices recently won a significant decision before a Pennsylvania Special Education Hearing Officer. Read More →
  • McAndrews Law Offices’ attorney, Gabrielle Sereni, recently won a major victory in the Third Circuit Court of Appeals in a case arising out of the Philadelphia School District. Read More →
  • MCANDREWS LAW OFFICES FILES SUIT IN FEDERAL COURT TO PRESERVE COMPENSATORY EDUCATION RIGHTS OF A CHILD WHO ATTENDED AN INSOLVENT CHARTER SCHOOL.Read More →
  • Our Website Now Includes Extensive Videos. Our website now includes extensive videos regarding Estate Planning, Estate Administration, and Special Needs Trusts. View Videos →