Matter of M.V. and E.V. and Our World Neighborhood Charter School

IN THE MATTER

of

THE COMPLAINT OF M.V. and E.V., ON BEHALF OF THEIR DAUGHTER M.V., CONCERNING OUR WORLD NEIGHBORHOOD CHARTER SCHOOL.

 

 DECISION

 

________________________________

 

M.V. and E.V. (“complainants”) bring this complaint pursuant to Education Law §2855(4) against Our World Neighborhood Charter School (“OWNCS”), a charter school authorized by the Board of Trustees of the State University of New York (“SUNY”) and chartered by the New York State Board of Regents.  Complainants first presented a complaint to the OWNCS Board of Trustees, then to SUNY, and now present this complaint to the Board of Regents.  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 to charter schools.  In accordance with that authority, I have reviewed the complaint and find that it must be dismissed and refer it for further action under Part 83 of the Commissioner’s regulations.

In 2008, complainants’ daughter attended OWNCS.  Complainants allege that one of their daughter’s teachers was sexually aroused in class on a number of days and on occasion would walk up to and stand very close to female students for extended periods of time.

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.”  If dissatisfied with the board of trustees response, the complainant may then bring the complaint to the charter entity and, thereafter, to the Board of Regents.  Here, complainants are not satisfied with the investigation conducted by OWNCS and SUNY.  The only relief requested is a “truthful investigation” into the allegations and no relief is sought against OWNCS. 

I find that, limited to the facts presented in this complaint, the relief sought is not an appropriate remedy to be obtained pursuant to Education Law §2855(4).  However, according to documents on file with the State Education Department, the teacher who is the subject of the complaint holds a New York State teaching certificate.  The New York State Education Department’s Office of School Personnel Review and Accountability (“OSPRA”) investigates allegations concerning the moral character of individuals who hold or who are applicants for New York State teaching certificates.  Accordingly, I will refer this matter to OSPRA for review and investigation consistent with Part 83 of the Regulations of the Commissioner of Education. 

 

THE COMPLAINT IS DISMISSED.

 

IN WITNESS WHEREOF, I, David M. Steiner, 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 January, 2010.

 

Commissioner of Education