Education Law

Most law firms know little about Education Law and those that do are employed by school districts.  Who can blame them, generous annual retainers and usually their opponents are parents unrepresented by attorneys.

Unlike other forms of local government, the public education system is not an independent body. Yes, there are local school boards, elected by school district residents, but in New York, the school systems are extensions of the state government and answerable to the NYS Commissioner of Education.

Most decisions are local, but to appeal decisions of a principal, a school superintendent or a school board is daunting. Appeals can be and are made to the Commissioner, but there is an unspoken presumption the school is correct, not to mention the fact that an appeal can take up to a year.  That is a great deal of time in the life and development of a child if a parent believes something is wrong.

All this means that a parent or guardian should not be docile and presume “the professionals know best.” You know your child best.  Do not be arrogant but be at your best when dealing with the child’s teacher, a counselor, or a member of the administration.

Being a parent or guardian is closest thing to a time machine, you will come to care what time is lunch, where does your child eat lunch and more.

One of the biggest areas of rightful concern is the subset of the system “Special Education” programs. Most think the more help their child gets, the better and that can be true. But, what if you disagree as to what, how much or why your child is receiving services?

Engage the help of a professional as soon as you can. The school has almost unlimited resources and “a puzzle factory” of an appeals process.

A parent or guardian will face similar but not as challenging a process when it comes to discipline.

Case No. 1

A fourth-grade boy falls below the state reference point for math, a quite low standard. They want to classify the child for Special Education, the parents, like many parents believe the child to be brilliant and refuse. The principal states the school does not need their permission. A threat? The parents threaten to take the child out of the school.  The principal drops the threat and over the next four years the child does below average.

In eighth grade the middle-school principal wants to challenge the students with a tougher math program and new teacher to run it. After controversy, stirred on by the parents of more advanced students, the program is approved.

The now-eighth grade boy responds to the challenge and the new teacher and does well. And he does better every semester and passes college level classes in Calculus. He entered an Ivy League school earning a bachelor’s degree and a master’s degree.

He remains friendly with the eight-grade teacher to this day.

Case No.2

An 18-year-old senior, on the first day of school, tells the very new, very young vice-principal that she looks like his ex-girlfriend. He is not told to apologize or to stay after school for insubordination, instead he is charged with “sexual harassment.”

His father, a successful businessperson and former wise-guy student at the same school is worried such an accusation in the “me too” era could have been a lasting stain of his son’s reputation. He hires an attorney now part of this office.

The attorney goes up the administration ladder hearing over and over how seriously they take such things. Eventually, the Superintendent of Schools is asked did employees have training, he proudly answers, Yes, eight hours of training, The attorney asks how many hours of training students got. Of course, the answer was none at all and the matter was reduced to insubordination.