NYSED Commissioner's Rules & Regulations

The Standards: District Codes of Conduct must conform to the Laws of the State of New York and must be filed with the NYSED Commissioner's Office pursuant to NYSED Commissioner's Rules and Regulations and Project SAVE to assure conformity with the Laws of the State of New York.

There are two categories of unexcused absences defined in the Laws of the State of New York: TRUANT or UNLAWFULLY DETAINED. Further defined is that the New York State Education Department requires that when homework has been requested for a student, the class/homework assignments must be immediately prepared within 24 hours of the requested date of the notice.

In my decision to remove Michael from City of North Tonawanda School District, North Tonawanda High School on 12 October, 2005, I complied with the Laws of the State of New York and NT City Schools District Code of Conduct, Attendance Policy (NT City Schools Code of Conduct 2005-2006, Part B: Attendance, p. 11). I also followed the procedure for "MAKE-UP WORK FOR DAYS ABSENT.": "If a parent knows that a student will be absent for an extended period of time, requests may be made to the Attendance Office for work to be sent home. The parent should make arrangements to pick the work up in the attendance Office (Room 120). Allow one (1) day for the work to be gathered and sent to the Attendance Office."(NT City Schools Code of Conduct 2005-2006, p. 9).

The Truths: Principal James V. Fisher, NTHS, upon receiving written communication from me on 13 October 2005, stating in part "...that Michael will not return to school until I am satisfied that this matter has been thoroughly investigated by Administration and the City of North Tonawanda Police Department." (Rebuttal, Case No. 10108712, Exhibit 'C', NYS Division of Human Rights) violated the Laws of the State of New York and NT City Schools District Code of Conduct when he directed Michael's North Tonawanda High School teachers to refuse my requests for class/homework assignments for Michael. Correspondence to Principal Fisher, dated 20 October 2005, inquiring of the reason for this directive went unanswered. I continued to make daily requests for Michael's class/homework assignments even though I was repeatedly denied access to Michael's class/homework. Correspondence to then Superintendent Dr. John George regarding this unlawful denial of equal access to coursework, dated 26 October 2005, went unanswered as well (Rebuttal, Case No. 10108712, Exhibit 'D', NYS Division of Human Rights).

Principal Fisher claims that "...he had been absent from school for three days and schoolwork had been provided to him via the attendance office despite the fact that his absences were, according to Board of Education Policy, unexcused." (Respondent's Affidavit, Case No. 10108712, #29 NYS Division of Human Rights).

The denial of Michael's right to "equal access to education" spanned a period of thirty-five (35) days, commencing October 18, 2005 through and including December 4, 2005, even though North Tonawanda City Schools District could not prove Michael truant or unlawfully detained. Michael clearly received "schoolwork" for October 13 and 14, 2005, because, according to Board of Education Policy, Michael's absences were in fact "excused." On or about October 17, 2005, Michael's formerly "excused" absences are now, allegedly "unexcused" in an effort to "compel" attendance of Michael at school. The now alleged "unexcused" absences would effectively deny me access to Michael's class/homework under City of North Tonawanda School Districts (invalid) policy which states that "We cannot give make-up work for vacations and/or unexcused absences." (NT City Schools Code of Conduct, p. 10).