Practice Areas
School Discipline (including expulsion)
We represent students in disputes with K – 12 schools and universities. We assist our clients with issues such as suspensions, expulsions, and other disciplinary actions. We understand how daunting it can feel when your child is facing discipline at school and the relevant concerns your family may have regarding the process. We work to guide and advise you through the disciplinary process, defend your student, and ensure their rights are protected.
Higher Education Conduct Violations and Discipline
We represent students in undergraduate and graduate institutions who are accused of academic and/or disciplinary violations. We provide legal counseling, strategic approaches, and representation in all stages of disciplinary proceedings in institutions of higher education. This includes advice and representation in disciplinary hearings and the various appeals that may follow.
We pride ourselves on working diligently with the college or university’s counsel, if necessary, to achieve desirable results for our clients. We work closely with our clients, so they feel supported and well represented during this challenging time.
Higher Education Accommodations
The transition for students from secondary education to a college or university can be scary and overwhelming when they need academic or housing disability-related accommodations. We help ease students’ transitions to college or graduate school, where it is incumbent on the student to be proactive in obtaining and utilizing their approved accommodations, and guide the student through the process of securing the accommodations that they need to access their education and set them up for success.
Title IX
We represent clients in cases related to sex discrimination within elementary and secondary schools, college, and graduate school, including issues like sexual harassment, sexual assault, sexual abuse and grooming in schools, under Title IX of the Education Amendments of 1972.
Juvenile Delinquency and Expungement
If your child is accused of a delinquent act, your child will be involved with probation and, likely, juvenile court proceedings. This can be extremely challenging for kids and parents alike. Learning how the juvenile system works and how best to protect your child is overwhelming. We offer support, guidance, and high-level representation from the moment your child’s case begins. We work with the various agencies and people involved in juvenile matters (such as the District Attorney’s office and Probation) to try to mitigate as much damage as possible while ensuring your child’s rights are protected.
We represent children alleged to have committed criminal acts in Montgomery County and its surrounding counties. We zealously advocate for your child’s rights while working to mitigate any damage a juvenile criminal record could have on your child’s future. This includes working with probation and the District Attorney to achieve informal dispositions and petitioning the court for expungement of the juvenile’s records as soon as it is legally permissible.
While having a child involved in the juvenile system is inherently stressful, we work to ease as much stress as possible as we navigate the process together, answering any questions, and providing the supportive and meticulous representation each child deserves.
Testing Accommodations
Even when students have disability-related accommodations at their undergraduate or graduate institutions, they may be denied testing accommodations on exams like the Medical College Admission Test (MCAT), the United States Medical Licensing Examination (USMLE) administered by the National Board of Medical Examiners (NBME), or the Comprehensive Osteopathic Medical Licensing Examination of the United States (COMLEX-USA) administered by the National Board of Osteopathic Medical Examiners (NBOME).
We assist clients in preparing their application for accommodation(s) to the respective Board. We also assist clients who were denied any or all of their accommodations in filing an appeal to the Board. We support our clients through this stressful time by advocating for their right to access the exams with their necessary accommodation(s).
Guardianship
A guardianship is a court-appointed legal relationship where a guardian (or guardians) is responsible for making decisions on behalf of someone deemed unable to make decisions for themselves. Guardians can be appointed to make some or all decisions relating to personal care (i.e. decisions pertaining to medical, housing, treatment/services) and financial matters.
A guardianship requires court involvement and a determination by the court that (1) the alleged incapacitated person is indeed incapacitated, and (2) a guardianship is the least restrictive means available to ensure the person’s daily needs are met and their finances are secure.
We guide our clients through the process of petitioning the court for guardianship and assist them step by step in a compassionate and understanding manner as they move to ensure their loved one is taken care of and protected.
Power of Attorney
A power of attorney is a voluntary legal agreement between individuals. It allows an adult (anyone over the age of 18 years old) to appoint an agent to make medical/healthcare decisions for them and/or to manage their finances, with varying levels of authority depending on the person’s preference. As a power of attorney does not require court involvement, it is a low-stress, low-cost way to ensure your adult child with disabilities has a safeguard in place for medical emergencies, routine medical care, and/or in regard to their financial affairs.
We work with families to create medical and financial powers of attorney that offer families peace of mind while encouraging and supporting autonomy for their adult child who will benefit from the support and continuity of care of their parents as they transition into adulthood.
Special Education
Cherkas Metcalfe Law, PLLC is a full-service law firm that represents families and students with disabilities. We advocate for young children and pre-school children as well as school age students to secure their educational rights pursuant to the Individuals with Disabilities Education Act (IDEA), Section 504 of the Rehabilitation Act, and other federal and Pennsylvania statutes and regulations.
We provide both advocacy and legal representation in special education. Our attorneys and educational consultant pride ourselves in working collaboratively with school districts and understand the importance of working with school teams. However, our attorneys are experienced and prepared to proceed to litigation should it be necessary. We are experienced in litigating due process hearings at the administrative level through the federal courts.
A sample of the services that we provide are:
We are also available to provide trainings to families, advocacy groups, parent groups, and Local Education Agencies.