Matter of D.F. and Buffalo Academy of Science Charter School
IN THE MATTER
of
THE COMPLAINT OF D***** F*****, ON BEHALF OF HER SON V***** L*****, CONCERNING BUFFALO ACADEMY OF SCIENCE CHARTER SCHOOL.
DECISION
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D***** F***** (“complainant”) brings this complaint pursuant to Education Law §2855(4) against Buffalo Academy of Science Charter School (“BASCS”), a charter school chartered by the New York State Board of Regents (“Board of Regents”). Complainant first presented her complaint to BASCS’ Board of Trustees and now presents the complaint to the Board of Regents as BASCS’ charter entity. Section 3.16 of the Rules of the Board of Regents (8 NYCRR §3.16) delegates to the Commissioner of Education the authority to respond to complaints brought pursuant to Education Law §2855(4) and issue appropriate remedial orders. In accordance with that authority, I find that the complaint must be dismissed.
Complainant brings this complaint on behalf of her son, V*****. On May 2, 2006, V***** allegedly sustained a fractured hip while participating in gym class. Complainant alleges that BASCS’ personnel failed to provide V*****with appropriate medical care, and failed to notify her of V*****’s injury in a timely fashion. In addition, complainant accuses BASCS’ principal of trying to cover-up the incident, and claims that V*****, who was forced to miss school for an extended period of time due to his injury, had to wait approximately two weeks for tutoring. Complainant, therefore, asks that I remove BASCS’ principal and physical education teacher from the school and that I revoke their certifications.
BASCS generally denies complainant’s allegations, but admits that there was an issue with a tutor not showing up at complainant’s home. BASCS contends, however, that V***** received all of the materials needed to prepare for his final examinations and that he took these examinations. In addition, BASCS notes that V***** is currently enrolled at BASCS, and advises that the services of the tutor that failed to show are no longer used. BASCS also argues that I lack subject matter jurisdiction over most of the complaint.
To the extent that complainant alleges that V***** did not receive tutoring in a timely fashion, her complaint must be dismissed as moot. Only matters in actual controversy are the proper subject of a complaint against a charter school, and I will not render a decision on a state of facts which no longer exist or which subsequent events have laid to rest. Since V***** eventually received tutoring and was able to take his final examinations, there is no longer any actual controversy and no basis for awarding any additional relief to complainant with respect to the tutoring.
Complainant’s other allegations must also be dismissed due to lack of subject matter jurisdiction. Education Law §2855(4) provides, in pertinent part that “[a]ny individual or group may bring a complaint to the board of trustees of a charter school alleging a violation of the provisions of this article, the charter, or any other provision of law relating to the management or operation of the charter school” (emphasis added). Here, complainant fails to allege any such violations of the law or the charter. To the extent complainant alleges negligence on the part of BASCS and its employees, her remedy is to bring an action in court for damages, and a charter school complaint is not the proper forum to determine such a claim. Similarly, a charter school complaint is not the proper forum for seeking the removal of an individual teacher or administrator or the revocation of their teaching certificate. Therefore, her remaining claims are not the proper subject of a §2855 complaint and must be dismissed.
THE COMPLAINT IS DISMISSED.
IN WITNESS WHEREOF, I, Richard P. Mills, Commissioner of Education of the State of New York for and on behalf of the State Education Department, do hereunto set my hand and affix the seal of the State Education Department, at the City of Albany, this day of , 2008.
Commissioner of Education