Education Law
How Are Child Support Payment Amounts Determined in PA?
May 26, 2020Pennsylvania child support guidelines are complex and, while the state has a formula for calculating child support payments, there are various factors, including expenses, custodial arrangements, and other nuances that can impact how child support payment amounts are determined in the Commonwealth.
The guidelines on child support payments are based on an income shares model, with the idea that a child will get the same financial support or portion of his parents’ income as he or she would if the parents remained together. The Pennsylvania child support guidelines strive to be as fair to the child as possible, although this model can be complicated.
COVID-19 May Increase Cyberbullying in Pennsylvania
April 28, 2020With schools closed and quarantines in place due to COVID-19, there’s been a surge of increased internet use among children and adults. This increase may make youth a target for cyberbullying.
Victims of cyberbullying or those accused of cyberbullying should seek an attorney for legal advice. It’s not kid’s stuff. It’s a growing issue and the state is taking it quite seriously.
What is Education Law, and How Does it Affect My Child?
April 10, 2019At Pyfer Reese, we understand the value of education for all children. You know your child’s needs and abilities better than anyone.
If you believe that your child’s education is being compromised in an unfair or neglectful way, contact one of our team of experienced education law attorneys – Gabriella H. Farhat and Jeffrey C. Murse – to keep you apprised of your child’s or student’s rights; always an advocate for proper education for your child or student.
Education Law – What Parents Need to Know About Social Security for Children
April 16, 2018Children with qualifying disabilities are entitled to receive SSI (Supplemental Security Income) benefits so long as their household resources are under a limit set by the Social Security Administration.
Many people are familiar with the concept of Social Security benefits for adults, but are you aware that disability benefits are available to children as well? The Social Security Administration offers multiple benefits to students, including benefits available to students whose parent is deceased, or even college students who became disabled before age 22 and whose parent is deceased or collecting benefits. These benefits are based on the parent’s status, and do not necessarily have a limit for financial resources available to the student’s family. For today’s purposes, though, we would like to talk with you about benefits available to disabled children in low-income households.
Who qualifies as a disabled child? For Social Security purposes, a “child” is one who is under age 18 (or under age 22 and a student regularly attending school). When the child turns 18, though, the Social Security Administration will evaluate the disability according to the adult disability standards. A child may be eligible for SSI benefits as early as birth; there is no minimum age requirement. “Disability” means that the child has physical and/or mental impairment(s) which result(s) in marked and severe functional limitations and has lasted or can be expected to last for a continuous period of at least 12 months or be expected to result in death. There are special definitions for disability if a child is blind (it is the same standard as for blind adults), and there is no duration requirement for SSI blindness benefits.
Essentially, the Administration is looking to see if the child’s disability limits his or her ability to function in school and initiate and sustain activities in daily life. In most cases, the Administration looks at six “domains” to determine whether an impairment is limiting enough to meet the definition of disability. The medical and school records must demonstrate a “marked” limitation in two (2) domains or an “extreme” limitation in one (1) domain. These domains are:
1. Acquiring and using information;
2. Attending and completing tasks;
3. Interacting and relating with others;
4. Moving about and manipulating objects;
5. Caring for yourself; and,
6. Health and physical well-being.
The Social Security Administration does have a “Compassionate Allowances” list. The conditions on this list meet the standards for disability benefits and so, the evaluation process is shortened.
What income or resources does the Administration consider? Generally speaking, the Administration will look at the income of the parent(s) with whom the child lives, including stepparents. A portion of the parents’ income and resources will be considered available to the child. Deductions are made for other children living in the home, and the remaining amount is considered to determine whether the child meets the income and resource requirements.
What about medical benefits? In most states, including Pennsylvania, if a child receives SSI benefits he or she will also be eligible for Medicaid. For more information about Medicaid, you can look on the Internet on the Centers for Medicare and Medicaid Services webpage at https://www.medicaid.gov/. Children living overseas with an active duty military parent are not eligible for Medicaid, but may still receive SSI benefits.
What this means for you: At Pyfer Reese, we know that parents are fighting hard to ensure their children receive the education and benefits they deserve. We want to team with you to make sure your child receives the best benefits possible. If you have a question about your student’s entitlement to Social Security benefits, we can help. Attorney Gabriella H. Farhat is an authorized representative with the Social Security Administration, meaning they can advocate for you or your child to receive benefits.
Make Pyfer Reese your choice! Call 717.299.7342 to schedule a consultation regarding your education law and or social security needs.
Education Law – What Parents Need to Know: Guardianships
April 5, 2018Is your child unable to manage his or her own life independently? Generally speaking, when a child turns 18 they will be able to make legal, financial, and other decisions for themselves. But what happens if they lack the mental capacity or the reasoning skills necessary to make these decisions in their own best interests? A guardianship may be the answer.
In Pennsylvania, courts will grant a guardianship if an individual is “incapacitated.” This means the individual’s “ability to receive and evaluate information effectively and communicate decisions in any way is impaired to such a significant extent that he is partially or totally unable to manage his financial resources or to meet essential requirements for his physical health and safety.” (20 Pa.C.S. § 5501) Pennsylvania law specifies that the courts should be looking for the “least restrictive” method of ensuring that an incapacitated person’s needs are met. An alternative to guardianship may be a Power of Attorney for property or healthcare, for example. If a guardianship is the least restrictive method, then the court wants to ensure that an appropriate guardian is named – someone who will genuinely be acting for the best interests of the individual.
In order to establish a guardianship, a person who is interested in the well-being of the incapacitated person must file a petition and go to a hearing. The petitioner does not need to be the person who wishes to be appointed the guardian, but it must be a person who is looking out for the welfare of the incapacitated person. (The court may dismiss the proceeding if the petition is not complete, or if the court finds that the proceeding was not truly started for the purpose of benefitting the incapacitated person.) At the hearing, the petitioner needs to establish by “clear and convincing evidence” that the individual is incapacitated and a guardian should be appointed. This evidence often includes testimony/reports from medical and/or mental health professionals.
After a hearing, if the court appoints a guardian, the court can appoint a guardian with either limited or plenary (full) guardianship, depending on the degree of incapacity. A guardian has a duty to make decisions that are in the best interests of the incapacitated person. He or she will be responsible for providing a report to the Court regarding the status (personal and/or financial) of the incapacitated person.
What this means for you: The guardianship process can be complex, with many possible pitfalls and outcomes. If you have questions about guardianship, we can help you. We are available to discuss the advantages or disadvantages that exist in your unique case and can help you obtain a guardianship. Our team of education law attorneys consists of Gabriella H. Farhat, Jeffrey C. Murse, Gerryanne P. Cauler and Lauren E. Martin.
Make Pyfer Reese your choice! Call 717.299.7342 to schedule a consultation regarding your education law needs.
Education Law – What Parents Need to Know: Bullying
March 23, 2018According to the federal government, bullying “is unwanted, aggressive behavior among school aged children that involves a real or perceived power imbalance. The behavior is repeated, or has the potential to be repeated, over time.” Bullying can occur during school hours or after, such as on the school bus or on the Internet. Bullying can take three forms: verbal, social, and physical. Any child can be bullied. Children who are perceived as being different from their peers can be at an increased risk of being bullied. A perceived difference could be physical appearance, social skills, clothing, mental health conditions, or more.
If your child or student is being bullied, this can harm his or her physical and emotional safety at school as well as the child’s ability to learn well. It is important to contact the school – including the student’s teacher, guidance counselor, principal, and/or superintendent. In severe cases, or cases where the school is not responding appropriately, it may be necessary to contact the State Department of Education. School staff should be trained in recognizing and preventing bullying, and the school should have clear policies and rules regarding bullying.
Your student’s school may need to teach students and/or staff about bullying prevention and the harms of bullying. This might involve presentations or class discussions, but it is important that the school is implementing program that is designed to be effective and clearly communicated. There are many evidence-based evaluated programs available to schools that address bullying, and often are designed for use in elementary or middle school settings. Staff training might include meetings, one-day training sessions, or a combination of options.
For more information about bullying and bullying prevention, visit https://www.stopbullying.gov/.
What this means for you: If you have questions about your student’s rights or if your student’s school is not taking adequate steps to prevent bullying or harassment, we can help you. Our team of education law attorneys, Jeffrey C. Murse, Gerryanne P. Cauler, Gabriella Hashem Farhat and Lauren E. Martin, will advocate for your student’s needs and for the proper accommodations in a school setting. We can ensure the proper individuals and entities have been notified of the bullying and can advocate for the school to implement effective anti-bullying measures.
Make Pyfer Reese your choice! Call 717.299.7342 to schedule a consultation regarding your education law needs.
Education Law: What You Need to Know
March 13, 2018Studies ave shown that students with special needs, particularly students with mental health conditions, are at a higher risk for involvement with the juvenile justice system than their nondisabled peers. Some factors that make this risk worse include:
*Inadequate training for educators;
*Zero-tolerance discipline policies in school;
*Lack of behavior interventions and supports; and
*Undiagnosed or mis-diagnosed mental health conditions.
At Pyfer Reese, we recognize the important work teachers and educators do, and we want to make sure they are equipped to properly address and meet the needs of your student. Because we also recognize that sometimes the needs of a student are not being met, and that is where we can advocate for you.
Schools have a legal obligation to provide Individualized Education Programs (IEPs) and services so that each student has access to a Free Appropriate Public Education. If you are concerned about your child’s behaviors, you may request a special education evaluation. You may also want to ask your child and the appropriate educators whether any harassment or bullying is contributing to his or her behavior. Federal law requires schools to determine whether truant or suspension-worthy behavior is a manifestation of a disability. They must also evaluate whether the school failed to provide appropriate services and accommodations for the student.
What can you do, though, when your student does become involved in the juvenile justice system? The juvenile justice system is designed to offer “Balanced and Restorative Justice.” An attorney advocate can work with the court to ensure that your child is treated fairly, that the cause of any behavioral problems is addressed, and that your child receives the help he or she needs. Juvenile Justice programming offers community services, attempts to meet educational needs, implements treatment for mental and physical needs, and provides training for employment or life skills. The goal is to provide the juvenile with the help he or she needs in the least restrictive way possible. For more information on the juvenile justice system, readers can visit the Juvenile Court Judges’ Commission at www.jcjc.pa.gov.
But what about students who turn 18, or who leave the education system and continue into adulthood with needs that have not been addressed? In Lancaster County, we have a Mental Health Court. This is a specialty court program designed for criminal offenders who have been diagnosed with a “serious mental illness.” Individuals may apply to the Mental Health Court, and a coordinator will review the application to determine if initial eligibility criteria is met. The application then needs approval from the Lancaster County MH/MR office and the District Attorney’s Office to determine whether to refer the individual to Mental Health Court. These offices will consider the individual’s criminal history, input from the victim, and input from the arresting or prosecuting police officer.
After a referral is made, the Mental Health Court Treatment Team will evaluate the suitability of the referral. If accepted, participation in Mental Health Court is voluntary, and the individual must comply with the treatment goals and expectations in order to remain in the program. The individual will be provided a case manager and a specialized mental health probation officer. Mental Health Court program completion takes approximately 12 to 18 months, in four phases. After a successful completion of each phase, the next phase requires fewer court appearances and less intense monitoring – but the treatment services remain in place.
You should also be aware of PFA and PSVI actions, which stem from criminal behavior but are processed through the civil justice system. A Protection From Abuse (“PFA”) action is designed to offer protection to victims of violence or intimidation who have a family or household member relationship with the offender. A victim may seek a temporary PFA order, and the alleged offender will not be present. However, a hearing must be held within ten (10) days, and the alleged offender must be given notice and should be present at that hearing to represent himself or herself. This is a civil hearing, so the “burden of proof” is not as high as it would be to convict in a criminal proceeding.
The Protection of Victims of Sexual Violence or Intimidation Act (“PSVI”) operates in a very similar manner to PFAs, except it is designed to protect victims of sexual violence or intimidation who do not have a family or household member relationship with the alleged offender. If you are served with notice of a PFA or PSVI hearing, we recommend contacting an attorney to review your rights and restrictions. If there is a temporary protective order, you will want to be very careful not to violate any of its provisions.
What this means for you: If you have questions about your student’s education rights or if your pending criminal charges are related to a mental health condition, we can help you. For students, this may involve our team of education law attorneys, advocating for the student’s needs and for the proper accommodations in a school setting. Or, it may require an attorney advocating for balanced and restorative justice in the juvenile justice system. For adults, this may involve an application to the mental health court and an attorney advocating for your acceptance into the program and guiding you through the program phases. Or if you need representation in a PFA or PSVI action, our experienced team of attorneys can provide the guidance and advocacy you need.
Make Pyfer Reese your choice – call 717.299.7342 to schedule a consultation regarding your education law needs or criminal charges.