Legal Question in Education Law in New York

Get appropriate response from school administration

I have problem dealing with my child's school. The Math teacher gave my son poor grade and did not promote him to the next level durint this semester. The teacher stated that my son was a cheater and he did not understand English enough to do well on the test. I requested to re-test my son and school simply does not respond. Based on personal and work previous experience, I know that it is their usual stance. I would like to get advice on how to make sure that they would grant my request and re-evaluate my son. Thank you in advance.


Asked on 2/10/03, 7:18 pm

1 Answer from Attorneys

Rod Kovel Rod Kovel, Attorney at Law

Re: Get appropriate response from school administration

Dear Reader:

In examining this response, please note that we are not entering into an attorney/client relationship, that this is to be taken as informative, and not as legal advice, that it is always best to speak to a lawyer in your area and/or in the area where the transaction and/or events occurred, and that my answer is necessarily limited by the fact that I have not seen the documentation or had an opportunity to go over the matters with you in detail.

That said, and assuming your child is in public school, if you want to help yourself and you can not arrange to change schools, send a letter to the principal demanding an opportunity to consult with him/her, and noting that he/she was not responsive in the past. Send it certified, return receipt requested, with copies to the superintendant, the school board, the State Board of Regents in Albany, and the Commissioner of Education, also in Albany. See if the prinicipal wakes up then.

If not, as I mentioned before, this is something that you may want to take up with a lawyer of your own selection, either in your state or area or in a place where some of the pertinent events occurred.

Under Federal and State laws, children have the right to be educated, an if there is some kind of physical or emotional problem that is holding up your child's progress, your child has a right to have the school assist with his or her special needs. Find out from the school district who the special needs coordinator is, and speak to that person if that is the problem.

Rod Kovel

Attorney at Law

516-312-9900

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Answered on 2/11/03, 9:05 am


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