Cherkas Metcalfe Law is a trusted education and student rights law firm serving Philadelphia and surrounding counties. The law office provides quality legal representation for children, juveniles, and students. As a Philadelphia area law firm, our special education lawyers carry firsthand experience litigating in various state and federal courts and administrative agencies in the Eastern and Middle Districts of Pennsylvania. We have extensive experience helping families like yours navigate difficult school-based legal issues and achieve positive, life-changing outcomes.
Call now to schedule a free consultation with our education law team at 484-873-8010. Let’s discuss how we can protect your child’s rights and guide you toward a fair resolution.
Understanding Education Laws in Pennsylvania
Key State and Federal Education Laws
Pennsylvania and the federal government have implemented regulations and laws to protect a student’s right to access an education. These laws protect individuals not only in grades K-12 but also in pre-school and higher education programs. Pennsylvania and federal laws that protect a student’s right to access an education include:
- Individuals with Disabilities Education Act
- Section 504 of the Rehabilitation Act of 1973
- Title VI of the Civil Rights Act of 1964
- Title IX of the Education Amendments of 1972
- Americans with Disabilities Act
- Pennsylvania Public School Code of 1949
- Title 22 of the Pennsylvania Code
- Pennsylvania Human Relations Act
Common Education Matters Families Face
Our team has fought for the rights of students facing various concerns including:
- Improper implementation of an Individualized Education Program (IEP)
- Inappropriate IEPs
- Least Restrictive Environment and inclusion disputes
- Need for appropriate accommodations
- Need for compensatory education and school placement
- Violation of due process rights in an expulsion hearing or other disciplinary matters
- Exclusion from school for conduct that is a manifestation of the student’s disability
- Lack of proper staffing to meet a student’s needs during the school day
- Failure to address bullying and harassment within the classrooms
- School safety
- And many more.
If your child’s school isn’t meeting their educational needs or violating their rights, contact Cherkas Metcalfe today for trusted legal guidance. Our attorneys will review your situation and explain your options clearly.
Our Firm’s Specialized Practice Areas
In addition to other practice areas, the education law attorneys at Cherkas Metcalfe Law advocate for the rights of juveniles, students K-12, and college, university, and graduate students through the following practice areas:
- Special Education Law
- Title IX Violations and Sexual Harassment
- Representation in K-12 Private School and Public School Disciplinary Actions
- Due Process Hearings
- Higher Education Conduct Violations
- Juvenile Delinquency and Expungement
- Higher Education Disability Accommodations
- Education Advocacy
- Guardianship and Power of Attorney for Special Needs Children
- Act 53 Petitions
- Representation at Due Process Hearings and in IEP meetings
- Section 504 Violations
- Testing Accommodations for Licensing Exams like the USMLE or COMLEX-USA
- Obtaining Special Needs Services
Navigating Through the School Systems
Working with Public School Districts and Charter Schools
An education law attorney’s goal, among other things, is to ensure the school district, charter school, or Intermediate Unit is properly implementing special education services and/or ensuring students receive due process when facing conduct allegations in compliance with state and federal laws. To accomplish this, the special education attorneys at Cherkas Metcalfe Law work directly with the Local Education Agency’s legal counsel.
We work to try to resolve disputes without litigation by attending IEP meetings or negotiating a mutually acceptable outcome as we understand the importance for schools and families to be on the same page and achieve swift resolutions. However, if litigation is needed, we do not hesitate to move forward with zealous representation of our clients.
Issues in Private and Independent Schools
Unlike public school districts, not all private and independent schools receive federal funding (i.e. financial assistance, grants, or student aid). If a school does not receive federal funding, various federal laws may not apply.
However, in some instances, state laws like the Pennsylvania Human Relations Act (Pennsylvania’s state anti-discrimination law), may offer protection to students facing violations of civil rights laws in a private school setting. Under the PHRA, courts have generally treated schools – including private schools – as public accommodations if they are open to the general public. Thus, even in instances where it may not be possible to file a complaint under federal law, it may be possible to file a complaint under state law when a student is experiencing discriminatory practices in private schools.
An education law attorney or civil rights attorney, like the attorneys at Cherkas Metcalfe Law, can advise you on the best course of action, if any, against a private or independent school. Moreover, an education attorney can represent your interests and negotiate directly with the school’s legal counsel to seek the best possible outcome for your student without the need for litigation.
Higher Education and Beyond
Most colleges and universities receive federal funding. In light of this, federal laws such as the Americans with Disabilities Act (ADA), Section 504, Title IX, and Title VI of the Civil Rights Act apply.
How Cherkas Metcalfe Law Can Help You and Your Family
Achieving the Best Outcomes for Special Needs Children
Collectively, the founders of Cherkas Metcalfe Law have been advocating for the rights of children and students for over four decades. Our team has extensive experience representing clients in administrative due process hearings, Office of Civil Rights complaints, PHRC complaints, Pennsylvania state courts, and Federal District Courts.
However, advocating for a student’s rights does not always require litigation. There are many instances when legal and advocacy support and intervention can help reach an amicable resolution quickly and efficiently, effectively avoiding the financial and emotional investment required for litigation. It allows your student to get what they need quickly and avoid potential gaps in their services or education.
As experienced education attorneys and advocates, the team at Cherkas Metcalfe Law recognizes that litigation is not always the best strategy to get your child what they need when they need it. Our team will analyze each case holistically to best resolve the educational issues your family faces. Accordingly, our team has vast experience attending IEP meetings, transition meetings, expulsion hearings, manifestation determination review meetings, settlement negotiations, and guided mediation sessions to ensure your student’s needs are met and the school district and school leadership comply with state and federal law.
Why Choose Us
Cherkas Metcalfe Law is a compassionate, women-led private practice that is passionate about advocating for children’s, student’s and juvenile’s rights. We are driven to ensure every student in Pennsylvania receives a quality education and that their individualized needs are met.
At Cherkas Metcalfe Law, our skilled trial lawyers will guide you through the entire legal process and fight for your child’s educational rights. Our substantial courtroom experience and knowledge of the law informs the practical and realistic legal advice and recommendations we offer our valued clients. We use our practical experience and strong professional connections to provide you with quality legal representation to get the best outcome for your student.
Take the Next Step
Contact Cherkas Metcalfe Law Firm Today
If you or someone you know are concerned about a child’s school placement, IEP, school-based discipline, or other education matters, the next step should be to seek legal advice from an education law attorney or an educational advocate. Our team at Cherkas Metcalfe Law is ready to discuss any concerns you may have regarding your pre-school, school district, charter school, college, or university and the best way to achieve your goals.
Schedule a free consultation with Cherkas Metcalfe today or call our phone number at 484-873-8010. We look forward to advocating for you and your child.
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The materials on this website are provided for informational purposes only and are not intended to be exhaustive or comprehensive discussions of the topics addressed. They are not meant to cover every legal issue or be a substitute for personalized legal advice. Laws and regulations change, and how they apply to your situation may differ. The information within this article is not, nor is it intended to be, legal advice. Please consult an attorney for advice regarding your personal situation. To get advice about your particular circumstances, please contact Cherkas Metcalfe Law, PLLC directly. Viewing or using this information does not create an attorney-client relationship between you and Cherkas Metcalfe Law, PLLC.