Matter of D.T. and A.T. and Achievement First East New York Charter School

IN THE MATTER OF THE COMPLAINT OF D***** T***** AND A***** T***** CONCERNING ACHIEVEMENT FIRST EAST NEW YORK CHARTER SCHOOL

 

DECISION

 

Education Law §2855(4) provides that any individual or group may bring a complaint to a charter school's board of trustees  alleging 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. If the complainant subsequently 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, the complainant may present the complaint to  the Board of Regents, which shall investigate and respond, and, if necessary,  will  issue  appropriate  remedial  orders.  Section  3.16 of the Rules of the Board of Regents  (8 NYCRR  §3.16)  delegates to the Commissioner of Education the  authority  to  receive, investigate, and respond to such complaints, and to  issue  appropriate remedial orders pursuant to Education  Law  §2855(4). This decision is issued pursuant to that authority.

D***** T***** and A***** T***** ("complainants") submitted an Education Law §2855 (4) complaint to Achievement  First  East  New York Charter School's ("Achievement First" or "the school") board

of trustees, which denied the complaint. Complainants then directed their complaint to the school's charter entity, the New York City Department of Education' s Charter School Office ("DOE"), which also denied the complaint, and , subsequently, to the Board of Regents .

Complainants assert that their son was improperly denied participation in a June 2014 school trip to New Orleans , Louisiana ("Trip"), based on a miscalculation of his "PRIDE Check Merits " (" PRIDE Merits ").1 Complainants allege that , in order to attend the Trip, a student' s PRIDE Merits must have been at an average of at least 90%.  The school determined that complainants' son's PRIDE Merits were less than one percent (1%) below the 90% requirement ; therefore, complainants' son was not invited on the Trip.  However , complainants allege that Achievement First neglected to account for their son's perfect attendance record in determining his PRIDE Merits. Complainants allege that, if the school had properly incorporated their son's attendance record into the final calculation of his PRIDE Merits , then he would have attained a final PRIDE Merits average over 90%, thereby qualifying him for the Trip.

Initially, complainants filed a complaint with the school, which reviewed the allegations and, by letter dated June 5, 2014, admitted that it had. made a mistake , that complainants' son's PRIDE Merits should have been above 90%, and that he should have been allowed to attend the Trip. As recompense, the school offered complainants tickets to a theme park. Complainants refused to accept the tickets, which they believed had less value than the Trip.

Complainants appealed to the school' s board of trustees , which stated that "the board cannot take further action " on the complaint because it determined that the alleged conduct did not qualify as a violation of Achievement First's charter or the law. Thereafter, complainants filed a complaint with the school' s charter entity, DOE, which denied the complaint, determining that the complaint did not meet the criteria set forth in the New York Charter Schools Act of 1998 ("Act") and that DOE was unable to "offer additional remediation" for the complaint. Complainants now present this complaint to the Board of Regents .

1 PRIDE Check Merits constitute a merit-based system through which Achievement First attempted to incentivize its students to exhibit "truly exceptional and noteworthy behavior that is unsolicited by teachers ." "P RIDE" is an acronym for "Professionalism , Respect , I ntegrity, Determination, and Enthusiasm."

Complainants request that the school be directed to either send their son on a trip to New Orleans or provide them with the funds to do so. However , the complaint is moot, as the scheduled Trip has already occurred, and no order can be issued to direct complainants'  son's  participation  in  the  Trip.   Moreover ,  the complaint procedure set forth in Education Law §2855(4) is not the appropriate forum through which to obtain the relief requested by complainants, which essentially involves a request for monetary damages. There is no statute that authorizes the Regents , or the Commissioner on behalf of the Regents , to award monetary damages or costs or reimbursements in a charter school complaint, just as there is no authority for the Commissioner to grant monetary relief in an appeal under Education Law §310 (see Appeal of D.B., 57 Ed Dept Rep, Decision No. 17,244; Application of Kolbmann, 48 id. 370, Decision No. 15,888). The appropriate forum for such a proceeding is a civil court.

For the foregoing procedural reasons , the complaint must be dismissed. I must note that this result should not diminish complainants' son's accomplishments.  However , on this record, I am precluded from further action.

 

THE COMPLAINT IS DISMISSED .

 

IN  WITNESS  WHEREOF ,  I, MaryEllen Elia

Elia, 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 9th day of July 2019.

 

Commissioner of Education