Matter of M.U. and The Bronx Charter School for Excellence

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M***** U***** (“complainant”), the parent of a student who attended the Bronx Charter School for Excellence (“BSE”), 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.

Complainant submitted a complaint under Education Law § 2855 (4) to BSE’s board of trustees (“the board”), alleging that she and her child had been treated disrespectfully by a BSE staff person; that complainant was demeaned at subsequent meetings with senior leadership; and that, in retaliation for her complaints, her daughter was denied at least one award she had earned.

In a letter dated September 25, 2018, the Chair of BSE indicated that she was unable to substantiate any claim of disrespectful treatment but “reiterate[d] the importance that all communication with parents and scholars [be] conducted in a professional and respectful manner.”  With respect to the award, the Chair indicated that the award in question was for “students who maintain a 90% average for the first three marking periods” and the student did not satisfy this criterion.  The Chair further noted that the student had received the “Most Outstanding Player” award for basketball and a participation award for volleyball.  Complainant also submitted a complaint to the Board of Trustees of the State University of New York, the school’s authorizer, which denied the complaint.  Complainant then submitted the instant complaint to the Board of Regents.[1]

There is insufficient evidence in the record to overturn BSE’s determination.  The record reflects that BSE leadership investigated the alleged behavior of the staff person but were unable to substantiate complainant’s allegations.  Other than her assertions, complainant has not submitted any proof to support her claims.  Additionally, there is no evidence that BSE withheld any honors or awards from the student to which she was entitled.  Therefore, the complaint must be dismissed.

While the appeal must be dismissed, I am compelled to comment on the manner in which BSE responded to complainant’s concerns.  BSE initially failed to respond to complainant’s written complaint; it did so only after a State Education Department (“SED”) employee spoke with the staff person about whom complainant complains.  And, during this conversation, the BSE staff person was dismissive and disrespectful to the SED employee.  I admonish respondent to ensure, as the Chair put it, “that all communication with parents and scholars [be] conducted in a professional and respectful manner.”  BSE leadership must model the behavior it expects from its employees and students.

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