Matter of D.B. and The Brighter Choice Charter School for Boys

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D***** B***** (“complainant”), the parent of a student who attended Brighter Choice Charter School for Boys (“Brighter Choice”), filed a complaint regarding the suspension of the student from the school.  The complaint must be dismissed.

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 delegate to the Commissioner of Education the authority to receive, investigate, and respond to complaints, and to issue appropriate remedial orders.

The student attended Brighter Choice during the 2016-2017 school year.  On December 19, 2016, the student did not heed multiple requests to enter his classroom; he also played with a water gun, which was eventually confiscated.  Due to these infractions, the student’s teacher brought him to the school’s “inspiration room,” which is described in the school’s code of conduct as a room “designed to accommodate scholars who need a change of setting to calm down and receive counseling/encouragement from faculty in order to return to class.”

The school’s dean of students, a behavior intervention specialist, and several other students were present in the inspiration room upon the student’s arrival.  Shortly thereafter, the student threw objects, including a chair, across the room.  In response, the behavior intervention specialist escorted all students, except complainant’s son, out of the room.  The dean and the student were then left alone in the room.

At this point, the parties’ accounts of what transpired differ.  The dean contends that the student continued to be disruptive and eventually crawled under a desk; the dean denied having any physical contact with the student.  The student, via complainant, alleges that he “was held up against the wall with his arm behind his back, ... pulled across the room ...[,] put under the desk, and blocked from getting out.”  Complainant further alleges that this “was painful and [he] could not speak due [to] being in a face forward position” with his “mouth ... squished against the wall.”  The parties agree, however, that the school was eventually able to contact complainant, who took the student home. 

In a letter dated December 19, 2016, the school suspended the student for two days based upon the conduct described above.

Following the school’s winter break, complainant contacted the school and alleged that the dean had used improper physical force against the student.[1]  The school thereafter met with complainant and investigated the allegation.  The school’s principal indicates that, as part of her investigation, she:

• Met with the dean to “revisit” his account;
• Observed the inspiration room “to walk herself through the [alleged] sequence of events”;
• Reviewed the school’s behavior logs for December 19, 2016, and several surrounding days;
• Asked the student to “retell his story”;
• Interviewed the behavior intervention specialist; and
• Consulted with her supervisor.

Thereafter, the principal informed complainant “that she [] [was] unable to conclusively determine what accurately occurred because of differing statements from [the dean] and [the student] with respect to the use of a physical restraint ....”  Complainant then submitted an Education Law § 2855 (4) complaint to the school’s board of trustees on March 10, 2017.  On June 19, 2017, the school’s board of trustees (“board”) denied her requested relief.  Complainant then submitted the instant complaint to the Board of Regents, the school’s authorizer.

Complainant alleges that the school used improper physical force against the student.  Complainant further asserts that although the dean previously made reference to surveillance footage, the school failed to provide her with any such evidence.  Complainant requests:  (1) expungement of the student’s suspension from his record; (2) an apology; and (3) the installation of security cameras in the inspiration room.

There is no basis in the record to disturb the board’s determination.  While complainant’s allegations are extremely concerning, the school undertook an extensive investigation of the events, speaking with school staff, the family, the student, and reviewing the available documentary evidence.  Based on the evidence before it, the school determined that the student’s account of the events could not be substantiated.  Moreover, the school ultimately deemed the dean’s account to be more credible, and I cannot substitute my judgment for that of the school with respect to findings of fact which rest on the credibility of witnesses when there is no evidence that the determination of credibility is inconsistent with the facts, or that the decision made was arbitrary and capricious.  Consequently, there is no basis to grant complainant’s requested relief.[2]

            Finally, I note that, in response to complainant’s allegations, the school has committed to ensuring that two staff members are present in the inspiration room at all times with two-way radios.  That way, the school explains, a staff member can radio for help and both staff members can remain in the inspiration room for purposes of security.

THE COMPLAINT IS DISMISSED.

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                                2021.

Commissioner of Education