Matter of S.G. and K.R-G. and Childern's Aid College Prep Charter School

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S.G. and K.R-G. (“complainants”), the parents of a student who attended Children’s Aid College Prep Charter School (“Children’s Aid” or “school”), filed a complaint regarding the suspension of the student from the school.  The complaint must be sustained to the extent indicated.

 

Education Law § 2855 (4) provides that any individual or group may bring to a charter school’s board of trustees a complaint which alleges a violation of Education Law Article 56, the charter school’s charter, or any other provision of law relating to the charter school’s management or operation.  Thereafter, if the complainant determines that the charter school’s board did not adequately address the complaint, the complainant may present the complaint to the charter school’s charter entity, which must investigate and respond.  If the complainant subsequently determines that the charter entity has not adequately addressed the complaint, he or she may present that complaint to the Board of Regents (“Regents”), which shall investigate, respond, and issue appropriate remedial orders.  Pursuant to 8 NYCRR 3.16, the Regents have delegated to the Commissioner of Education the authority to receive, investigate, and respond to complaints, and to issue appropriate remedial orders.

 

The student attended Children’s Aid during the 2017-2018 school year.  In April 2018, complainants submitted a complaint pursuant to Education Law § 2855 (4) to the school’s board of trustees (“the board”).  On May 2, 2018, the board denied their requested relief.  Complainants appealed this determination to SUNY, which denied their appeal on June 26, 2018.  Complainants then submitted the instant complaint to the Regents.

 

Complainants allege, among other claims, that the school failed to provide timely and appropriate support to address the student’s needs, unnecessarily called 911 in response to a disciplinary incident, and failed to provide copies of incident records related to the student’s conduct.  For relief, complainants request an independent investigation, expungement of certain suspensions from his record, and the provision of “all incident reports” concerning the student.

 

There is no basis in the record to disturb the board’s determination.  The record reflects that the school offered supports to address the student’s behavioral needs.  Specifically, the school developed a functional behavioral assessment (“FBA”) and behavioral intervention plan (“BIP”).  The BIP was thereafter revised as needed to support the student, and the school solicited feedback from complainants during the revision process.  

 

To the extent complainants suggest that the student should have received special education or related services, the record reflects that complainants provided, but later withdrew, consent to an evaluation by their district of residence’s Committee on Special Education.[1]  Therefore, the school was not obligated or authorized to provide special education or related services to the student.

 

Additionally, there is no basis in the record to disturb the board’s determination that the school appropriately responded to an incident in March 2018 that resulted in the school calling 911.  The evidence in the record suggests that, on the day in question, the student was agitated and presented a danger to himself and others.  School officials attempted to calm the student but were unable to do so.  The fact that the student was not agitated when police officers later arrived at the school does not prove that he did not initially exhibit such behaviors.  Complainants were not present during this interaction and have presented no evidence to contradict the school’s account.  Consequently, I find that school officials appropriately responded to the March 2018 incident.

 

However, it appears that the school failed to prepare incident reports concerning violent and disruptive incidents involving the student, including hitting, deliberate urination, and grabbing a staff member.  These incidents should have been reported in a Discipline Incident Report or Incident Report Form in accordance with school policy.[2]  In addition, the school failed to report many of these incidents via the statewide uniform safety and educational climate (“SSEC”) reporting system,[3] which is required by Education Law § 2802 and Section 100.2 (gg) of the regulations of the Commissioner, and which is applicable to charter schools pursuant to Education Law § 2854 (1) (b).  I admonish the school to report all violent or disruptive incidents in a timely and accurate manner.

 

Finally, in accordance with the federal Family and Educational Rights and Privacy Act (see 34 CFR 99.10) and Education Law § 2-d, parents have the right to inspect and review the complete contents of their children’s educational record.  The school did not respond to complainants’ requests for copies of the incident reports related to the student’s conduct.  I admonish the school to respond to any such requests.

 

I have reviewed complainants’ remaining contentions and find them to be without merit.

 

THE COMPLAINT IS SUSTAINED TO THE EXTENT INDICATED.

 

IT IS ORDERED that Children’s Aid College Prep Charter School ensure that all staff prepare and fully complete Discipline Incident Reports and Incident Report Forms for all student incidents, in accordance with its policies; and

 

IT IS FURTHER ORDERED that Children’s Aid College Prep Charter School ensure that all instances of violent or disruptive incidents, as well as incidents of discrimination, harassment, bullying, and cyberbullying are reported to the New York State Education Department, in accordance with Education Law § 2802, and sections 100.2 (gg) and 100.2 (kk) of the regulations of the Commissioner.

 

IN WITNESS WHEREOF, I, Betty A. Rosa, 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                                2022.

 

 

Commissioner of Education