Matter of P.M. and Buffalo Academy of Science Charter School
IN THE MATTER
OF
THE COMPLAINT OF P***** M*****, ON BEHALF HER DAUGHTER J***** M*****, CONCERNING THE BUFFALO ACADEMY OF SCIENCE CHARTER SCHOOL
DECISION
P***** M***** ("complainant") brings this complaint pursuant to Education Law §2855(4) against the Buffalo Academy of Science Charter School ( " BASCS" or "respondent"), a charter school chartered by the New York State Board of Regents ("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. In accordance with that authority, I find that the complaint must be dismissed.
Complainant brings this complaint on behalf of her daughter, J*****. Complainant asserts that on June 17, 2008, BASCS officials refused to allow J***** to sit for a Regents Examination (i.e. Integrated Algebra) because her shoes, which she had worn to school in the past without incident, violated the school's uniform policy/dress code. In addition, complainant alleges that BASCS officials sent Joanne home to change her shoes, which resulted in her being unable to return in time to be admitted to the examination. As a result, Joanne received a grade of "0" on the examination. Complainant seeks an assurance that Joanne be allowed to sit for the August 2008 administration of the Regents Examination in Integrated Algebra and that a similar incident does not happen again.
Although respondent admits to conducting a "uniform check" on June 17, 2008, it generally denies complainant's allegations. In addition, respondent denies asking any student to leave its building to change clothes.
Education Law §2855(4) requires that, prior to presenting a complaint against a charter school to its charter entity {in this case, the Board of Regents), an individual must first present the complaint to the school's board of trustees. Here, respondent asserts, and complainant does not deny, that complainant never raised her claims with BASCS's board of trustees. Therefore, complainant's claims are not properly before me and must be dismissed.
In addition, the complaint must also be dismissed in part as moot. Only matters in actual controversy are the proper subject of a complaint against a charter school, and I will not render a decision on - a state of facts which no longer exist or which subsequent events have laid to rest. The record reflects that Joanne took the Regents Examination in Integrated Algebra in August 2008, approximately two weeks subsequent to the submission of this complaint, and it appears that her records were changed to reflect this.1 Accordingly, that part of complainant's request for relief is moot.
Although the complaint must be dismissed, I note that students attending charter schools are required to take Regents Examinations to the same extent such examinations are required of other public school students {see Education Law -§2854 [l][d]). These students, like other public school students, generally have a right to be admitted to a Regents Examination upon completing the course of study leading to ·such examination (8 NYCRR §8.2). Students may not be barred from an examination for disciplinary reasons or because their achievement in a subject is considered unsatisfactory (see Regent's Examinations, Regents Competency Tests, and Second Language Proficiency Examinations - School Administrator's Manual, 2008 Edition, New York State. Education Department, Section One, Page 5). Respondent should ensure that its policies reflect these requirements.
THE COMPLAINT IS DISMISSED.
IN WITNESS WHEREOF, I, David M.
/lf-
Steiner, Commissioner of Education of the State of New York for and on behalf of the St.ate Education Department, do hereunto set my hand and affix the seal of the State Education Oepartment, at the City of Albany, this day of April 2010.
Commissioner of Education
1 Respondent indicates that it changed Joanne's report card. Presumably, all of Joanne's •records, including her permanent record, were also· changed to insure th-at no Regents exam score of "zero" was entered for the June 2008 administration of the Regents Integrated Algebra Exam (see Regent's Examinations, Regents Competency Tests, and Second Language Proficiency Examinations - School Administrator's Manual, 2008 Edition, New York State Education Department, Section Three, Page 4).