Court grants class certification in suit against New York Department of Education on behalf of students with diabetes.

On June 18, 2019, United States District Judge Nina Gershon, of the Eastern District of New York, certified a class defined as:

All students with diabetes who are now or will be entitled to receive diabetes related care and attend New York City Department of Education schools.

The case, M.F., et al. v. The New York City Department of Education, et al., was brought by the parents of three New York City public school students with diabetes and the American Diabetes Association, suing as an organizational plaintiff on behalf of its members who who include children with Type 1 and Type 2 diabetes who attend New York City Department of Education (DOE) schools and their parents. Continue reading “Court grants class certification in suit against New York Department of Education on behalf of students with diabetes.”

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Yatvin a 2019 Super Lawyer

The 2019 list of Pennsylvania Super Lawyers includes Alan L. Yatvin of the Philadelphia Law Firm Popper & Yatvin.  This is Yatvin’s 16th consecutive year of being honored, having been named a Super Lawyer every year since the program’s creation in 2004.

The Super Lawyer distinction is given to only a very small percentage of Pennsylvania‘s attorneys each year.  Attorneys are only considered for inclusion in the list of top rated attorneys if they have attained a high degree of peer recognition and professional achievement across 12 indicators. Lawyers cannot buy their way onto the list. The selection process, recognized as legitimate by bar associations and courts across the United States, is multi-phased and includes independent research, peer nominations and peer evaluations. Only attorneys who can be retained by the general public are considered. Honorees are selected annually for each state and practice area.

A Martindale-Hubbell Peer Rating reflects a combination of achieving a Very High General Ethical Standards rating and a Legal Ability numerical rating.

In other news, Martindale-Hubbell has again recognized both Yatvin and Popper & Yatvin partner Howard D. Popper with the highest possible level of professional excellence – AV Preeminent. This peer review rating reflects a combination of achieving the highest General Ethical Standards and Legal Ability ratings.  2019 marks Yatvin’s 36th year as an attorney.

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Yatvin co-counsels suit against New York Department of Education on behalf of students with diabetes.

Popper & Yatvin partner Alan L. Yatvin is serving as co-counsel in a federal class action lawsuit filed on November 1, 2018, alleging the New York City public schools routinely violate the rights of students with diabetes by denying them necessary services and even excluding them from some school activities altogether. Almost two months into another school year, many parents of children with diabetes still face the impossible choice of sending their child to school without knowing whether their child will receive the necessary diabetes-related care or keeping them at home.

Disability Rights Advocates (“DRA”), the American Diabetes Association (“ADA”), and Law Offices of Popper & Yatvin are suing the New York City Department of Education (“DOE”) and other New York City agencies for their systemic failure to ensure that students with diabetes can attend school safely and have access to the same educational opportunities as their peers. This constitutes a clear violation of Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act, and the New York City Human Rights Law. Continue reading “Yatvin co-counsels suit against New York Department of Education on behalf of students with diabetes.”

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Yatvin a 2018 Super Lawyer

The 2018 list of Pennsylvania Super Lawyers includes Alan L. Yatvin of the Philadelphia Law Firm Popper & Yatvin.  This is Yatvin’s 15th consecutive year of being honored, having been named a Super Lawyer every year since the program’s creation in 2004.

The Super Lawyer distinction is given to only a very small percentage of Pennsylvania‘s attorneys each year.  Attorneys are only considered for inclusion in the list of top rated attorneys if they have attained a high degree of peer recognition and professional achievement across 12 indicators. Lawyers cannot buy their way onto the list. The selection process, recognized as legitimate by bar associations and courts across the United States, is multi-phased and includes independent research, peer nominations and peer evaluations. Only attorneys who can be retained by the general public are considered. Honorees are selected annually for each state and practice area.

A Martindale-Hubbell Peer Rating reflects a combination of achieving a Very High General Ethical Standards rating and a Legal Ability numerical rating.

In other news, Martindale-Hubbell has again recognized both Yatvin and Popper & Yatvin partner Howard D. Popper with the highest possible level of professional excellence – AV Preeminent. This peer review rating reflects a combination of achieving the highest General Ethical Standards and Legal Ability ratings.  2018 marks Yatvin’s 35th year as an attorney.

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Yatvin addresses West African delegates at U.S. State Department program

On October 25, 2017, Popper & Yatvin partner, Alan L. Yatvin, addressed law enforcement and civil society representatives from West Africa (Burkina Faso, Mali, Niger and Senegal) on police reform experiences and strategies.  The program was part of the United States Department of State’s, Study Tour to Review Use of Force and De-escalation Training, Enhance Community-policing Practices, and Strengthen Interagency Coordination in the Sahel.1The Sahel is a semi-arid tropical savanna eco-region in Africa, which forms the transitional zone between the Sahara Desert to the north and the more humid savanna belt to the south known as the Sudan (not to be confused with the country of the same name).  The Sahel stretches from the Atlantic Ocean on the west, eastward through northern Senegal, southern Mauritania, the great bend of the Niger River in Mali, Burkina Faso, southern Niger, northeastern Nigeria, south-central Chad, and through the nation of Sudan to the Red Sea coast.  Co-presenting with Yatvin was Carlton L. Johnson, a former Chief of the Philadelphia City Solicitor’s Civil Rights Unit, now with the law firm of Archer & Greiner. Continue reading “Yatvin addresses West African delegates at U.S. State Department program”

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Footnotes   [ + ]

Court of Appeals agrees with Yatvin on student’s right to attorney’s fees

In 2008, Popper & Yatvin partner Alan L. Yatvin filed an administrative complaint under the Individuals with Disabilities Education Act (IDEA) on behalf of Emily R., a second grader in the Ridley School District, in suburban Philadelphia. On March 30, 2017, after two previous appearances on this case in the United States Court of Appeals for the Third Circuit, Yatvin was again before the Court for oral argument. Continue reading “Court of Appeals agrees with Yatvin on student’s right to attorney’s fees”

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Yatvin a 2017 Super Lawyer

The 2017 list of Pennsylvania Super Lawyers includes Alan L. Yatvin of the Philadelphia Law Firm Popper & Yatvin.  This is Yatvin’s 14th consecutive year of being honored, having been named a Super Lawyer every year since the program’s creation in 2004.

The Super Lawyer distinction is given to only a very small percentage of Pennsylvania‘s attorneys each year.  Attorneys are only considered for inclusion in the list of top rated attorneys if they have attained a high degree of peer recognition and professional achievement across 12 indicators. Lawyers cannot buy their way onto the list. The selection process, recognized as legitimate by bar associations and courts across the United States, is multi-phased and includes independent research, peer nominations and peer evaluations. Only attorneys who can be retained by the general public are considered. Honorees are selected annually for each state and practice area.

A Martindale-Hubbell Peer Rating reflects a combination of achieving a Very High General Ethical Standards rating and a Legal Ability numerical rating.

In other news, Martindale-Hubbell has again recognized both Yatvin and Popper & Yatvin partner Howard D. Popper with the highest possible level of professional excellence – AV Preeminent. This peer review rating reflects a combination of achieving the highest General Ethical Standards and Legal Ability ratings.

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Protecting special needs students when charter schools close

One of the unintended consequences of the proliferation of charter schools is that, unlike public school districts, they can easily go bankrupt or lose their charter and close. While such closures are painful for all the enrolled students and their families, already vulnerable students with educational disabilities are especially exposed. Not only must they often find an alternative placement on short notice, but there will frequently be a lag in provision of services at their new school. Because these closures are rarely telegraphed in advance, timing often renders the option of other charter schools or special admission public schools unavailable.

Another consequence of such closings is the complicating of avenues for challenging decisions of those school that continue to dog special needs students.  If a charter school makes an agreement with a parent, then disappears, what is the parent to do? If a charter school fails to identify or inadequately identifies a child’s disability, or owes a child compensatory education for services not provided, how does a parent pursue the traditional administrative processes for relief? And how do parents without resources get a lawyer to help them?

On December 5, 2016, those questions were answered in a case brought by Popper & Yatvin partner Alan L. Yatvin: R.V. Individually and on Behalf of S.V-W., a Minor, v. Pedro A. Rivera, Commonwealth of Pennsylvania, Commonwealth of Pennsylvania, Department of Education, E.D.Pa. Civil Action No. 16-2277. Continue reading “Protecting special needs students when charter schools close”

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Inquirer publishes Yatvin commentary on Miranda Decision’s 50th Anniversary

On Sunday, June 12, 2016, The Inquirer published a commentary by Alan L. Yatvin commemorating the 50th Anniversary of the U.S. Supreme Court’s landmark decision in Miranda v. Arizona. Continue reading “Inquirer publishes Yatvin commentary on Miranda Decision’s 50th Anniversary”

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Yatvin named 2016 Super Lawyer

The 2016 list of Pennsylvania Super Lawyers includes Alan L. Yatvin of the Philadelphia Law Firm Popper & Yatvin.  This is Yatvin’s 13th consecutive year of being honored, having been named a Super Lawyer every year since the program’s creation in 2004.

The Super Lawyer distinction is given to only a very small percentage of Pennsylvania‘s attorneys each year.  Attorneys are only considered for inclusion in the list of top rated attorneys if they have attained a high degree of peer recognition and professional achievement across 12 indicators. Lawyers cannot buy their way onto the list. The selection process, recognized as legitimate by bar associations and courts across the United States, is multi-phased and includes independent research, peer nominations and peer evaluations. Only attorneys who can be retained by the general public are considered. Honorees are selected annually for each state and practice area

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