Legal Question in Education Law in New York

Can the school fail him for missed assignments?

My 14 year old son and I were required by his Earth Science teacher to sign a contract stating that four past due assignments he owed would be completed within two weeks, and that all new assignments would be turned in ''on time'', or he would have to repeat the entire year next year (even though he was not failing). Well, he's a typical teen ager and didn't turn in a new assignment. I tried to reason with the school, to no avail. He has been pulled from the class and has to repeat it next year. I know we signed this contract, but, can they legally do that? Since when is school based on contracts and not grades? Also, I requested, in writing, the school provide me a statement that says all the students that are at least four assignments behind are also signing this contract. They have not yet responded to my request, and from what his classmates have reported to him, they are 7 and 8 assignments behind and have not been required to sign anything. I just want to be sure he is not being treated unfairly. Any response would be greatly appreciated. Thank you for your time.


Asked on 5/10/05, 11:55 am

1 Answer from Attorneys

Arnold Nager Arnold H. Nager, Esquire

Re: Can the school fail him for missed assignments?

Contact the ACLU. It sounds as if the school is overreacting in order to make a point.

Alternatively, you may file a complaint with the NY State Commissioner of Education.

Be sure to CC the school board, the superintendent and the principal with copies of any letters you send.

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Answered on 5/10/05, 12:01 pm


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