McAndrews Law Offices : Legal Updates
McAndrews Law Offices, P.C.

Legal Updates

Federal Court in Pennsylvania Awards Compensatory Education in a
Monetary Fund

The United States District Court for the Eastern District of Pennsylvania recently found that a school district’s failure to provide an appropriate educational program required an award of compensatory education, and held that the award of compensatory education must be placed in a fund with a specified monetary amount for the child. In Heather D. v. Northampton Area School District, the court created a fund of $182,000.00 based upon the school district’s failure over multiple years to provide an appropriate educational programming for the child. The court determined that for every hour of educational deprivation, the school district should be required to make available the sum of $75.00. In light of the extensive deprivation involved in Heather D. over multiple years, the court held that the educational fund for Heather should total the amount of $182,000.00.

This decision to create a “compensatory education trust fund” is the first of its kind in Pennsylvania, and reflects a judicial acceptance of the type of compensatory education trust funds which have been negotiated on dozens of occasions by McAndrews Law Offices. While the use of an educational trust fund is only one means available by which a court can order the provision of compensatory education services (others include services directly by school district officials or by outside providers obtained by the family), it is significant that a court has now expressly ordered the use of such an educational trust fund.

 

 What's New
  • McAndrews Law Offices recently won two important victories on behalf of children with disabilities in federal court. In two separate cases, the federal court in Philadelphia overturned decisions of the Pennsylvania Appeals Panel and found in favor of children with disabilities and their families.Read More →
  • McAndrews Law Offices Have Speakers Available for your organization. We provide dozens of seminars and presentations each year to relevant organizations in the field of Special Education, Estate Planning, Special Needs Trusts. Our attorneys regularly speak at national, state, and local organizations such as parent groups, Bar Associations, community organizations, advocacy groups, and similar organizations. These presentations are provided at no cost, are educational in nature, and no marketing of our services is presented. If you would like to schedule a speaker for your organization, please contact Sarah Locher at 610-648-9300, and we will be happy to arrange a presentation for you.Read More →
  • Services for Exceptional Children in Private Schools On September 26, 2007, the Pennsylvania Supreme Court issued a long-awaited decision in Lower Merion School District v. Doe. Read More →
  • Federal Court in Pennsylvania Awards Compensatory Education in a Monetary Fund The United States District Court for the Eastern District of Pennsylvania recently found that a school district’s failure to provide an appropriate educational program required an award of compensatory education, and held that the award of compensatory education must be placed in a fund with a specified monetary amount for the child. Read More →