Education & School Law Attorney

Berger, Fischoff, Shumer, Wexler & Goodman, LLP, located on Long Island, will aggressively fight for you in matters of Special Education and Education Law. Our lead Education Law counsel, Brad A. Schlossberg, began his Special Education Law career representing friends and family with special needs children. Mr. Schlossberg realized that, all too often, families did not know of the services available to their children or the requirement of School Districts to provide their children with a free and appropriate public education regardless of the child’s disability or diagnosis. Mr. Schlossberg’s years of experience have prepared him for any situation or issue which needs to be addressed and allows him to advocate for our clients and their children for as long and as vigorously as necessary. Whether is it representing children at CSE meetings, at due process hearings, or on appeal to the Courts, he is willing and able to take all steps necessary to protect your child’s rights.

His experience also extends to other facts of education, including residency hearings, suspension hearings, manifestation hearings, and disciplinary actions. He has represented students in proceedings at both the undergraduate and graduate school levels with successful results. It is also his belief that ever child should be comfortable in their school setting and should not be discriminated against based on their gender identity or sexual orientation

Some of his success stories include:

The reduction or overturning of school disciplinary actions, including the reduction of suspension time, the elimination of out of school suspension in favor of in school suspension, and overturning suspensions based on manifestations of behavioral issues.

Obtaining orders of school financial responsibility for necessary services which a school refused to, or was unable to, provide.

Readmission of students to undergraduate, graduate, medical school, law school and nursing school programs following suspension or expulsion for failure to maintain grades, cheating, and other claims of academic dishonesty.

Obtaining the right to retake classes or exams in lieu of suspension or expulsion.

Do you need to speak with an attorney specializing in Education and Special Education to represent you or your child? Mr. Schlossberg would be happy to discuss your needs with you. It is our mission to help protect your educational rights at a price you can afford.

For more information, please contact us today to schedule a consultation

Learn About The Areas of Education & School Law

CPSE, CSE Meetings and Annual Reviews

As the parent of a special needs child, you are automatically a member of your child’s Committee on Special Education.  You also have the right to designate other members of the committee, which can include your own independent evaluators, treating physicians and psychologists, experts, advocates and attorneys.  The Decisions made at the CPSE/CSE regarding your child’s Individual Education Plan, or IEP, sets the roadmap for their education.

Every special education student is, by law entitled to

  • An Educational Evaluation by the school to determine their individual needs
  • A Free and Appropriate Public Education
  • The Least Restrictive Environment to obtain such education
  • An Independent Educational Evaluation at the expense of the School if you disagree with the School’s evaluation
  • Reconvening of the CSE annually
  • Reconvening of the CSE at the request of the Parents, even if more than annually, if you belief that the CSE is not appropriate or that the School is not implementing your child’s IEP

The decisions made at CPSE and CSE meetings are not final.  If you disagree with the determinations made at such a meeting, you have the right to seek additional meetings or to request a due process hearing before and impartial hearing officer.  At Berger, Fischoff, Shumer, Wexler & Goodman, LLP we understand the challenges of navigating the special education system and are here to guide you at every step.

Contact the Education Law team at Berger, Fischoff, Shumer, Wexler & Goodman, LLP at 1-800-806-1136 today for a Free Consultation.

Right to Therapeutic and Behavioral Services

Your child has the right to appropriate therapeutic services necessary for the child to receive a Free and Appropriate Public Education.  Such services may include:

  • Physical Therapy services to improve your child’s gross motor skills
  • Occupational Therapy services to address fine motor deficits, address adaptive living skills and improve physical and mental functioning.
  • Psychological Services necessary for children with diagnosed cognitive or behavioral disorders

If you believe that your child is being denied such services, we can help.  You have the right to request such services from the school and may also have the right to be reimbursed if you find it necessary to obtain services outside of the school system.

Behavioral intervention plans

Children with emotional or behavioral issues are also entitled to services from the school.  You may be entitled to a Functional Behavioral Assessment and the implementation of a Behavioral Intervention Plan.  Often, the failure of a school to recognize the need for an assessment and behavioral intervention can result in your child receiving inappropriate discipline from the school.  If you believe that your child may need a behavioral intervention paln that is not being provided by your school, we are here to help.

If you have a special needs child Brad A. Schlossberg, Esq., and the team at Berger, Fischoff, Shumer, Wexler & Goodman, LLP,  can help you navigate the laws applicable to the rights of disabled children, and children with medical or emotional problems, that require accommodations from the school 

Section 504 Plan And ACCOMODATIONS

Section 504 of the Rehabilitation Act requires schools to provide reasonable accommodations for students.  Such accommodations can include

  • access to school buildings and buses, such as ramps and lifts
  • the use of assistive devises and technology
  • testing and classroom accommodations, such as extended testing time

Accommodations do not necessarily require a student to also be receiving an IEP.  If your child is being denied accommodations at school, Berger, Fischoff, Shumer, Wexler & Goodman, LLP can help.

Bullying At School

Under the Dignity for All Students Act, schools are required to address complaints of bullying in a prompt and appropriate fashion. They are required to have a designated officer to investigate and take appropriate action upon complaints of bullying. Sometimes, schools fail our children and their complaints of bullying go uncorrected.

Brad A. Schlossberg, Esq., and the team at Berger, Fischoff, Shumer, Wexler & Goodman, LLP, handle all claims of bullying and harassment, from meetings with the school, to State and Federal Litigation.

Accommodations and Discrimination at Institutes of Higher Learning

Learning differences and neurological and physical impairments can be obstacles in pursuit of an education. At the college, university and graduate school level, students with special needs are entitled to reasonable accommodations If you know someone that needs special accommodations because of neurological, physical or learning disabilities, we can help. Colleges and Universities are required to make reasonable accommodations for students with learning disabilities and physical disabilities under the Americans with Disabilities Act.  If you believe your college or university is discriminating against you in any way, or is failing to provide you with a reasonable accommodation, we can help.

Colleges and Universities are also required to protect students from unwarranted discrimination and harassment, including sexual harassment.  We have extensive experience in representing students who have been subject to such discrimination and harassment.

Defense of Harassment Claims 

Unfortunately, the protection of students from harassment claims by a school can be abused.  We have handles numerous cases in which a student was unjustly accused of inappropriate behavior.  Sometimes Colleges and Universities tend to believe the accuser to the detriment of the accused.  If you are the subject of such a claim, you may be entitled to legal representation at school hearings or other actions taken against you by a school.

Academic Discipline and Grade Appeals

Colleges and universities have rules and regulations concerning hearing and appeal procedures for claims of academic dishonesty and unfair grading.  If you are accused of academic dishonesty, including cheating or plagiarism, you need to understand your rights and be prepared to defend yourself.  Often, schools are willing to negotiate discipline when faced with a vigorous defense.

If you believe you have been unfairly graded in a course, most schools have systems in place for grade appeals.  We can help you navigate the appeals process to obtain successful results.  Brad A. Schlossberg, Esq., of Berger, Fischoff, Shumer, Wexler & Goodman, LLP, has handled numerous grade appeal and disciplinary procedures.

Successful results have included:

  • Reinstatement of clients into graduate programs, nursing programs, medical school and law school;
  • Reduced discipline from expulsion to suspension;
  • Readmission upon probation;
  • Changing failing grades to passing;
  • Removing failing grades from academic records;
  • Obtaining the right to retake failed classes.

LGBTQ Rights in the School

Brad Schlossberg, Esq., of Berger, Fischoff, Shumer, Wexler & Goodman, LLP,  is proud to defend the rights of the LGBTQ community within schools. Thankfully, in New York, all students are entitled to protections from bullying, harassment and discrimination. Discrimination takes many forms. The denial of these rights to even one student should not be tolerated in any school. If you believe that your child is the subject of bullying, harassment or discrimination based on their sexual identity, gender identity or sexual orientation in their school, we can help.