Justia Education Law Opinion Summaries

Articles Posted in New York Court of Appeals
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The case involves a group of petitioners, including parents with children in nonpublic schools, who sought to compel a local school district to transport children to their private schools on days when the public schools were closed. The petitioners requested that the Washingtonville Central School District provide transportation for children attending nonpublic schools on 20 days when public schools were closed. The District denied these requests, citing its policy that it is not required to provide transportation to nonpublic schools on days when the District's schools are not in session. This policy aligns with guidance published by the State Education Department. The petitioners then initiated a hybrid CPLR article 78 proceeding and declaratory judgment action, seeking a declaration that the District must transport students to nonpublic schools on all days those schools are open and that the State Education Department's contrary guidance is invalid.The Supreme Court ruled in favor of the petitioners, concluding that the language of Education Law § 3635 (1) (a) required the District to transport nonpublic school students on all days their schools were open. The court granted the petitioners' motion for summary judgment on their request for declaratory relief, issued a permanent injunction, and denied the State Education Department's cross motion for summary judgment. However, the Appellate Division reversed this decision, finding that the language in Education Law § 3635 (1) (a) was ambiguous. After reviewing the provision's legislative history, the Appellate Division held that the law "permits, but does not require, school districts outside New York City to transport nonpublic school students to and from school on days when the public schools are closed."The Court of Appeals of New York affirmed the decision of the Appellate Division. The court held that Education Law § 3635 (1) (a) does not require school districts to provide transportation to nonpublic schools on days when public schools are closed. The court found that the phrase "sufficient transportation facilities" in the statute is ambiguous and could be interpreted in various ways. After examining the legislative history of the statute, the court concluded that the Legislature did not intend to require school districts to provide transportation to nonpublic schools on days when public schools are closed. The court also rejected the petitioners' arguments that the District's policy and the State Education Department's interpretation of Education Law § 3635 (1) (a) denied nonpublic school students equal protection of the law and that the State Education Department exceeded its statutory authority under Education Law § 3635 (1) (a). View "Matter of United Jewish Community of Blooming Grove, Inc. v Washingtonville Cent. Sch. Dist." on Justia Law

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Michele Rawlins, a former school principal and member of the Teachers' Retirement System of the City of New York (TRS), was diagnosed with post-traumatic stress disorder (PTSD) following a series of incidents involving a disgruntled food-service worker. The worker's behavior left Rawlins feeling threatened and harassed, leading to her inability to perform her job responsibilities. The final incident occurred in April 2019, when the worker, who had been transferred to another location, entered the school and demanded to speak with Rawlins, insisting she had his "belt and wallet." Rawlins interpreted the worker's remarks as having "sexual overtones" and felt she was being stalked. She left the school building and never returned to work following the incident.Rawlins applied for accidental disability retirement benefits (ADR) from the TRS, but her application was denied. The TRS Medical Board determined that she did not sustain an accident in the work setting and that "purposeful conduct by coworkers giving rise to a disabling injury is not an accident within the meaning of the pension statute." Rawlins reapplied for ADR, but the Board maintained its previous determination. Rawlins then commenced a CPLR article 78 proceeding to annul the Board's determination. The Supreme Court denied the petition and dismissed the proceeding, stating that the Board's determination had a rational basis. The Appellate Division affirmed the Supreme Court's decision, and Rawlins was granted leave to appeal.The Court of Appeals affirmed the lower courts' decisions. The court held that substantial evidence supported the Board's determination that Rawlins' injury was not caused by an "accident" within the meaning of the statutory scheme. The court declined to adopt a rule that "purposeful conduct by coworkers" can never be the basis for an award of ADR. Instead, the court stated that when a member's disability is alleged to have resulted from the intentional acts of any third party, the relevant question continues to be whether the injury-causing event was sudden, unexpected, and outside the risks inherent in the work performed. View "Matter of Rawlins v Teachers' Retirement Sys. of the City of N.Y." on Justia Law

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The Court of Appeals affirmed the Appellate Division concluding that the Commissioner of the State Education Department’s determination regarding Petitioner’s request for funding was affected by its erroneous interpretation of “universal Pre-K” law, holding that the statutory scheme governing charter school pre-kindergarten program allows for shared oversight authority between charter entities and local school districts.Petitioner was a not-for-profit education corporation which operated dozens of charter schools across New York City. Petitioner requested an order directing the New York City Department of Education (DOE) to pay for certain pre-kindergarten programs and a declaration that the DOE contract seeking to regulate the curriculum and operations of the charter school pre-kindergarten program was unlawful. The Commissioner concluded that DOE was not required to pay Petitioner for the pre-kindergarten programs and that, with the exception of two aspects in the DOE contract, the contract was lawful. Petitioner then filed this N.Y. C.P.L.R. 78 petition seeking to annual the Commissioner’s determination. Supreme Court dismissed the petition. The Appellate Division reversed. The Court of Appeals affirmed, holding that the Commissioner’s determination was affected by an erroneous interpretation of N.Y. Educ. Law 3602-ee. View "Matter of DeVera v. Elia" on Justia Law

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Certain records compiled by Respondent, New York State Education Department, relating to municipalities’ plans for auditing special education preschool provider costs, as redacted, are exempt from disclosure under N.Y. Pub. Off. Law 87(2)(e)(i).Petitioner submitted a request to Respondent pursuant to the Freedom of Information Law seeking disclosure of documents relating to municipalities’ plans for auditing special education preschool provider costs. The Department initially denied the request but, after Petitioner commenced this proceeding directing the Department to provide her with the records sought, eventually released fifty-five pages. Supreme Court granted Petitioner's petition to the limited extent of requiring the Department to disclose two previously redacted pages, upheld the remainder of the redactions, and otherwise dismissed the proceeding, concluding that the majority of the Department’s redactions were appropriate under section 87(2)(e). The Appellate Division affirmed. The Court of Appeals affirmed as modified, holding (1) the redactions at issue fit within the exemption permitting an agency to deny access to records compiled for law enforcement purposes where their disclosure would interfere with an investigation; and (2) the Appellate Division erred in denying Petitioner’s request for attorneys’ fees. View "Madeiros v. New York State Education Department" on Justia Law

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Plaintiffs filed two actions - the NYSER action and the Aristy-Farer action - contending that the State had violated the Education Article by failing to provide students with a sound basic education. Supreme Court denied Defendants’ motions to dismiss Plaintiffs’ respective complaints. In the NYSER action, the Appellate Division affirmed as modified to dismiss Plaintiffs’ third cause of action. In the Aristy-Farer action, the Appellate Division modified to dismiss the second and third causes of a action. The Court of Appeals held (1) the NYSER plaintiffs’ first and second causes of action did not survive a motion to dismiss; (2) the third cause of action in the NYSER action survives as to New York City and Syracuse school districts; (3) the fourth cause of action in the NYSER action is sufficiently pleaded as to New York City and Syracuse; and (4) all causes of action in the Aristy-Farer are dismissed. View "Aristy-Farer v. State" on Justia Law

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The Statewide Central Register maintained by the State Office of Children and Family Services (OCFS) received information alleging educational neglect by Petitioners. OCFS referred the report to the Westchester County Department of Social Services, Office of Child Protective Services (CPS). CPS decided that the case was eligible to proceed under the Family Assessment Response Track (FAR track) but submitted the case for closure in the month after the report was received, without recommending services. Thereafter, Petitioners wrote to OCFS to request expungement of the FAR records and report. The Director of the OCFS Central Register stated that OCFS could not comply with Petitioners’ request because Petitioners had been placed on the FAR track rather than the standard investigative track. Petitioners then commenced this N.Y. C.P.L.R. 78 proceeding against OCFS and the Director, challenging OCFS’s denial of the opportunity for Petitioners to seek early expungement of the educational neglect report. The Appellate Division affirmed. The Court of Appeals affirmed, holding that the statutory procedure allowing for early expungement of reports relating to alleged child abuse does not apply when the parents are not formally investigated but instead are assigned to the FAR track pursuant to N.Y. Soc. Serv. Law 427-a. View "Corrigan v. New York State Office of Children & Family Services" on Justia Law

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After achieving tenure at Food and Finance High School, Petitioner voluntarily resigned from his teaching position. Petitioner was later hired as a teacher at Wadleigh Secondary School for the Performing and Visual arts. Petitioner received a rating of “unsatisfactory” for the school year and, consequently, was terminated. Petitioner brought this N.Y. C.P.L.R. 78 proceeding arguing that he was a tenured teacher upon his reappointment, and therefore, his termination without just cause and without following the procedures in N.Y. Educ. Law 3020-a was unlawful, arbitrary and capricious, or an abuse of discretion. Supreme Court denied the petition and dismissed the proceeding for failure to exhaust administrative remedies. The Appellate Division affirmed on a different ground, holding that when Petitioner was rehired, his tenure was not ipso facto restored. The Court of Appeals affirmed, holding (1) a tenured teacher who resigns, and who later seeks to return as a tenured teacher must strictly comply with paragraph 29 of New York City Board of Education Chancellor’s Regulation C-205 (C-205(29)) and submit a written request to withdraw his prior resignation; and (2) absent a request to withdraw his resignation, Petitioner failed to meet the requirements of C-205(29) for reinstatement with tenure. View "Springer v. Board of Education" on Justia Law

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Public school students filed complaints with the SDHR, claiming that their respective school districts engaged in an "unlawful discriminatory practice" under Article 15 of the Executive Law, Executive Law 290, et seq. At issue on these appeals was whether a public school district was an "education corporation or association" as contemplated by Executive Law 296(4). The court concluded that it was not, and therefore, SDHR lacked jurisdiction to investigate complaints made against public school districts under that provision. View "Matter of North Syracuse Cent. School Dist. v New York State Div. of Human Rights" on Justia Law

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This case arose when the superintendent of the school district preferred eight charges of misconduct and/or incompetence against petitioner, then the business manager for the school district. At issue was whether persons who have testified in a Civil Service 75 disciplinary hearing were required to disqualify themselves from subsequently acting upon any of the charges related to that hearing. The court held that, because the testimony of the testifying witnesses, concerning the charges levied pursuant to section 75, rendered them personally involved in the disciplinary process, disqualification was necessary. View "Matter of Baker v Poughkeepsie City School Dist." on Justia Law

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These cases called upon the court to decide whether petitioners were required to exhaust an available internal appeal procedure before challenging the termination of their probationary employment at the City of New York's Department of Education (DOE). The DOE was obligated by its collective bargaining agreement (CBA) with the United Federation of Teachers and its own bylaws to afford probationary employees the opportunity for reconsideration of a decision to discontinue their employment. The court held that the DOE's decisions were "final and binding" within the meaning of CPLR 217(1) as of the dates when petitioners' probationary services ended. Petitioners awaited the outcome of the internal reviews provided for under the CBA and the DOE's bylaws before commencing suit. But these reviews "stem[] solely from the [CBA]" and constituted "an optional procedure under which a teacher may ask [DOE] to reconsider and reverse [its] initial decision, ... which was final and which, when made, in all respects terminated the employment of a probationer under Education Law 2573(1)(a);" they were not administrative remedies that petitioners were required to exhaust before litigating the termination of their probationary employment. As a result, petitioners' lawsuits brought more than four months after the dates when their probationary service ended, were time-barred. View "Kahn v New York City Dept. of Educ.; In the Matter of Doreen Nash v Board of Educ. of the City Sch. Dist. etc." on Justia Law