Legal Question in Education Law in New York

School Co-curricular Activities

Can the school system descriminate my child from playing in school co-corricular activities. My child has passed all required final exams, yet the school has decided that it would not be in my child's best interest to participate. Other classmates have failed courses and yet with a letter fom thier parents, they were approved to participate. Is there any legal advice that I could use, that would change the minds of the school board, that denide him?


Asked on 8/23/00, 8:08 pm

2 Answers from Attorneys
David Wright Law Offices of David Wright

Re: School Co-curricular Activities

I don't know about the correctness of the school's decision, but if you want to challenge a decision of a school, you generally need to move pretty quickly. There is a procedure called a "310 Petition," which is from Section 310 of the NY Education Law. It's a petition to the commissioner of education, once you have exhausted all administrative appeals within the school. It has to be filed within 30 days of the final decision. I suggest you immediately file a written request for the school superintendent and/or school board to take up the matter . . . or pursue whatever appeals to "higher authority" you have left. At the same time, get a 310 Petition and instructions from the State Education Dept in Albany. They might even have stuff on the Internet; I haven't looked.

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Answered on 9/29/00, 6:15 am
David Wright Law Offices of David Wright

Re: School Co-curricular Activities

Yes, the instructions and forms are available on the Internet at NYS Education Dept. Office of Counsel.

www.counsel.nysed.gov

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Answered on 9/29/00, 6:26 am


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