O'Melveny's 2018-2019 Pro Bono Review

O’MELVENY PRO BONO PROGRAM REVIEW 2018- 2019 24 the two political branches,” Justice David N. Wecht wrote in his majority opinion. “It is fair neither to the people of the commonwealth nor the general assembly itself to expect that body to police its own fulfillment of its constitutional mandate.” The case is heading back to commonwealth court for a full trial, which will permit O’Melveny and co-counsel to present evidence of the dire state of public education in Pennsylvania and the need for an adequate and equitable school-funding system. Advocating for the Rights of Children with Learning Differences O’Melveny represented 14-year-old Melanie and her mother in an action against the New York City Department of Education (DOE) to secure funding for Melanie’s private education after the DOE failed to meet its legal obligation to provide her with an appropriate public education. Bright and hardworking, Melanie had learning differences that caused her to function well below grade level in her public school. She also suffered emotionally because her school failed to offer her adequate support. Despite repeated requests for more appropriate placement, the DOE failed to recommend a suitable alternative and finally gave Melanie only one choice: a public school nearly identical to the one she attended. Her guidance counselor told her mother that the eighth-grader had no hope for college. O’Melveny represented Melanie and her mother at a hearing to demand tuition reimbursement for an appropriate placement at a private school including various and necessary remedial services. The O’Melveny team prevailed, securing complete tuition reimbursement, transportation, and 640 hours of tutoring. The hearing officer also awarded legal fees, which O’Melveny donated to Advocates for Children, the organization that had referred Melanie’s case and that is dedicated to securing quality and equal public education services for all children. The case turned out to be life-changing for Melanie, who blossomed at her new school. The same student who was told she had no hope for college is now succeeding academically, making new friends, joining various teams, and is a member of the National Honor Society. The O’Melveny team prevailed, securing complete tuition reimbursement, transportation, and 640 hours of tutoring. Star Pupil. After O’Melveny helped her receive the services to which she was entitled, Melanie Martinez (above left, with some of her advocates) was inducted into The National Honor Society, with her parents on hand.