Legal Question in Education Law in New York

dismissed PINS - expunge from school record

If a school district files PINS on a student, and the case is subsequently dismissed prior to audication, must the district remove related documents from file?


Asked on 10/22/08, 7:22 pm

1 Answer from Attorneys

Warren Markowitz Warren R. Markowitz, Esq

Re: dismissed PINS - expunge from school record

From what I have been able to determine, a person subject to a PINS petition that has gone that far would not be in a position to demand that the information relating to the petition be expunged from his school record.

A School district is required to document their efforts in fulfilling the needs of the student. Expunging the record would put the district at a grave disadvantage in the event that they need to defend themselves from a lawsuit and in the event that student is deemed to be a PINS, the information gathered would allow them to provide the services necessary to the student.

On the other hand, depending on the reasons behind and the actions taken by the school you may be able to file suit for damages.

In any event I believe that the privacy laws that surround students and their records should keep the information away from prying eyes.

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Answered on 10/23/08, 12:37 am


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