Accomplishments

• The parents of a gifted sixth-grade student who had severe dyslexia had been trying for years to obtain appropriate gifted services and an IEP for their child. The district claimed the child did not qualify for an IEP. The family turned to Frankel & Kershenbaum for assistance in obtaining an IEP and a private school placement. By obtaining independent evaluations, Dave and Josh successfully demonstrated that the student was eligible for an IEP. They then collaborated with the IEP team, including the parents and the student, to develop an appropriate IEP and Gifted IEP that would allow the child to remain in her home school district. The child is now thriving in public school.
  
• Identical twin third-grade students with autism were not receiving appropriate educational services from their school district. Their parents were frustrated by the one-size-fits-all approach the district was taking with their children and sought advice and representation from Frankel & Kershenbaum. After obtaining independent educational evaluations, representing the family at IEP meetings and attempting to resolve the matter without litigation, Dave and Josh filed complaints for due process to obtain IEP improvements. During the course of the litigation, it also became necessary to file a federal civil rights lawsuit against the district for unlawful retaliatory conduct. After oral argument in federal court, Dave and Josh secured a settlement of all matters, and obtained reimbursement of attorneys’ fees, an educational trust fund and implementation of the requested changes to the students’ IEP. 
  
• A mother sought advice and representation after her fifth-grade son was removed from his regular public school classroom and placed in an inappropriate and highly restrictive classroom for “emotionally disturbed” students. Frankel & Kershenbaum worked with the client, an educational consultant and the child’s therapist to develop appropriate IEP goals and a positive behavior support plan that would enable the child to return to his regular classroom. Dave and Josh attended IEP meetings and negotiated with the school district for a change in placement, ultimately securing the child’s return to his previous classroom, where he began to thrive. 
  
• The parents of a three-year-old child with a rare genetic condition and multiple severe disabilities filed for due process after their county’s Intermediate Unit refused to provide the intensive home and school-based speech, physical, occupational and behavioral therapies their child required. After filing for due process, the child’s parents contacted Frankel & Kershenbaum for assistance. Dave and Josh helped their clients prepare for the due process hearing and the matter was favorably resolved through mediation.