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Josh Kershenbaum, Founding Member |
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A determined advocate for children and their families, Josh Kershenbaum brings a unique combination of passion, intellect and experience to his comprehensive education- and family-focused practice. Josh’s clients benefit not only from his extensive litigation experience, but from the valuable perspective and knowledge he gained in his previous career as a teacher in a public elementary school. Today, Josh represents children, families and small businesses in matters ranging from special education law, child-centered personal injury to special needs estate planning, the Constitutional rights of children and LGBT youth and adult rights and civil litigation.
Josh’s work on behalf of children with special needs and their families includes counseling and representation with respect to all forms of disputes over the provision of educational services, such as those arising under The Individuals with Disabilities Education Act (IDEA), Section 504 and other federal and state statutes. Accordingly, Josh represents clients at IEP meetings and administrative due process hearings, in settlement negotiations with school districts and in state and federal litigation.
In addition to maintaining his busy practice, Josh is a frequent author and lecturer. He is a contributing writer to MetroKids magazine; developed and taught a Special Education Law Seminar as an adjunct professor at Temple University Beasley School of Law in 2009 and 2010; and trains parents, attorneys and other advocates in all aspects of special education law. Josh has also appeared on WHYY’s “Voices in the Family” with Dr. Dan Gottleib and WOGL’s “Philadelphia Agenda” with Brad Segall. An active member of the community, he is a member of the Council of Parent Advocates and Attorneys (COPAA) and the Cheltenham Area Residents for Equality Planning Committee.
Prior to co-founding Frankel & Kershenbaum, Josh was a litigator at the Philadelphia law firm of Montgomery, McCracken, Walker & Rhoads, LLP. He has also served as an advocate with the Pennsylvania Health Law Project, where he represented children with disabilities in disputes with Pennsylvania’s Medicaid HMOs.
Josh is admitted to practice in Pennsylvania and New Jersey. He is a 2006 cum laude graduate of Temple University Beasley School of Law. In 2010 and 2011, he was recognized by Thomson Reuters, published annually in Philadelphia magazine, as a Super Lawyers® Rising Star. He resides in Montgomery County with his wife and son.
Education
- Temple University Beasley School of Law, J.D., Cum Laude, 2006
- Amherst College, B.A., Magna Cum Laude, 1996
Court Admissions
- Supreme Court Pennsylvania, 2006
- Supreme Court New Jersey, 2006
- United States District Court of the Eastern District of Pennsylvania, 2006
- United States District Court of New Jersey, 2006
- United States District Court of the Middle District of Pennsylvania, 2011
Experience
- Frankel & Kershenbaum, LLC, Founding Member, 2009-Present
- Temple University Beasley School of Law, Adjunct Professor, 2009-2010
- Montgomery McCracken Walker & Rhoads, Litigator, 2006-2009
- Temple University Office of University Counsel, Law Clerk, 2004-2006
- The Pennsylvania Health Law Project, Advocate / Paralegal, 2002-2005
- Newton Public Schools, Teacher, 1998-2001
Professional Affiliations
- Cheltenham Area Residents for Equality, 2011-Present
- Council of Parent Advocates and Attorneys, 2009-Present
- Pennsylvania Bar Association, 2006-2011
- Legal Services for Exceptional Children Committee, 2009-2011
Honors
- Pennsylvania Super Lawyers® Rising Star, Thomson Reuters published annually in Philadelphia magazine, 2010-2011
- Temple University Beasley School of Law, 2002-2006
- Amherst College John Woodruff Simpson Law Fellowship
- Amherst College Charles Rugg Law Fellowship
- Best Research Paper, Public Interest Lawyering
- Harriet Robinson Gillock Memorial Award
- The Barrister Award for Outstanding Oral Advocacy
- Rubin Public Interest Honor Society Fellow
- Temple University Presser / Rubin Public Interest Scholarship Recipient
Publications
- "Independent Evaluation: Parents have no practical way to assert their legal right to an outside evaluation if they disagree with the school district's assessment," MetroKids, January 2012
- “2010 Special Needs Law Update,” MetroKids, January 2011
- “Your Extended School Year Rights,” MetroKids, May 2010
- “Big Wins for Special Needs,” MetroKids, February 2010
- “Rethinking Divergent Punishments for Murder and Attempted Murder,” Temple University Beasley School of Law Guided Research Paper, 2006
- “Revisiting United States v. Lynch: Reclaiming the Promise of Citizenship and Participatory Democracy in the 14th Amendment and 18 U.S.C. § 242,” Temple University Beasley School of Law, 2006
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Practice AreasEvents & Presentations- Josh Kershenbaum will present at Lehigh University's Special Education Law Symposium on June 24-29, 2012.
June 24, 2012 - Dave Frankel to Present at Lehigh University's 40th Education Law Conference on the Subject of Social Media Use in Special Education
May 11, 2012 - Josh Kershenbaum and Maria Vetter to Present at LaSalle University's 6th Annual Autism Conference, "Buiding Bridges: Supportive Practices from Birth to Adulthood."
May 4, 2012 - Josh Kershenbaum and Dave Frankel to Present Seminar on Special Education Law at the Jewish Learning Venture's Inclusion Conference
April 29, 2012 - Dave Frankel and Josh Kershenbaum Lead Full-Day Training on School Bullying and the Law at the 2012 National Conference of the Counsel of Parent Attorneys and Advocates (COPAA) in Miami, FL
March 9, 2012 - Special Education Law Firm Frankel & Kershenbaum to Sponsor and Participate in Walk Now for Autism Speaks
September 24, 2011 - Special Education Law Boot Camp
January 29, 2011 - Free Educational Financial Planning Seminar for Parents of Children with Special Needs
September 18, 2010 - Functional Behavioral Assessments and Positive Behavioral Support Plans, Bucks County Autism Support Coalition, Bucks County, Pa., 2010
- Legal and Effective Transition Planning After IDEA 2004, Council of Parent Advocates and Attorneys National Conference, St. Louis, Mo., 2010
- Restraint & Seclusion in Schools: Current Law & the Keeping All Students Safe Act, 38th Annual Special Education Law Conference, Bethlehem, Pa., 2010
- Special Education and the Law, Delaware Valley Association for the Education of Young Children, Philadelphia, Pa., 2010
News- Josh Kershenbaum Discusses Proposed Changes to DSM Autism Definition with WHYY's Taunya English
January 24, 2012 - New Jersey Allows Children With Special Needs to Bring Service Animals to School
- Independent Evaluations: Parents have no practical way to assert their legal right to an outside evaluation if they disagree with the school district's assessment."
January 11, 2012 - Sen. Harkin Introduces Keeping All Students Safe Act
December 16, 2011 - U.S. Department of Education Issues Comprehensive Report on State Bullying Laws and Policies
December 6, 2011 - Interactive Autism Network (IAN) Launches Survey on Bullying and Autism
October 19, 2011 - Isakson Amendment Discriminates Against Students With Disabilities
October 18, 2011 - Special Education Law Firm Frankel & Kershenbaum Supports Autism Speaks and Autism Advocacy throughout the Delaware Valley
September 28, 2011 - Josh Kershenbaum Urges Cheltenham Township Board of Commissioners to Adopt Non-Discrimination Ordinance
September 27, 2011 - 2010 Special Needs Law Update
January 1, 2011 - Frankel & Kershenbaum Speak About Special Education Law on 98.1 WOGL & WHYY's Voices in The Family
August 14, 2010 - Frankel & Kershenbaum Named 2010 Pennsylvania Super Lawyers
June 28, 2010 - The ABCs of ESY (Extended School Year)
June 22, 2010 - Big Wins for Special Needs: Autism Insurance Coverage and School Rights Expanded
March 1, 2010 |
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