PHILADELPHIA — The School District of Philadelphia is being sued for allegedly violating the Individuals with Disabilities Education Improvement Act.
Laverne and Donald B., Julia T. and Law Offices of David J. Berney filed a complaint on Sept. 5, in the U.S. District Court for the Eastern District of Pennsylvania, alleging that the district breached its duty of good faith and fair dealings.
The law firm filed an administrative due process complaint on Dec. 15, 2016, on behalf of the parents of a student known as DB. The law firm accuses the defendant of failing to provide the daughter with a free appropriate public education.
The daughter allegedly has an autism spectrum disorder and was diagnosed with specific learning disabilities. The parties settled the case under a Resolution Agreement, including the defendant's obligation to pay attorney's fees within sixty days, which it failed to deliver.
The plaintiff holds the School District of Philadelphia responsible because the defendant allegedly failed to honor the terms of a number of a settlement agreement by refusing to pay attorney’s fees and costs within sixty days.
The plaintiffs request a trial by jury and seek judgment against defendant in a sum to be fixed by the Court, plus interest, costs, attorney’s fees, and any other such relief as the Court deems just. They are represented by David J. Berney and Vanita R. Kalra of Berney & Sang in Philadelphia.
U.S. District Court for the Eastern District of Pennsylvania Case number 18-cv-03784