Powers & Duties of NYS Commissioner of Education

The Standards: Article 7, Section 305 (2) of Education Law of the State of New York requires that the Commissioner of Education "...shall enforce all general and special laws relating to the educational system of the state and execute all educational policies determined upon by the board of regents. He shall have general supervision over all schools and institutions which are subject to the provisions of this chapter...and shall cause the same to be examined and inspected and shall advise and guide the school officers of all district and cities of the state in relation to their duties and the general management of the schools under their control.

The Truths: In the face of repeated denials to my requests for class/homework for Michael, I forwarded to NYS Commissioner of Education, Richard P. Mills, as early as 7 November 2005, via Fax Transmission and by follow-up certified correspondence dated 8 November 2005, a request for home instruction for Michael pending the outcome of my Complaints.

Commissioner Mills was very aware that Michael had not attended City of North Tonawanda High School since the afternoon of October 12, 2005, and that the City of North Tonawanda School District, by directive of Principal James V. Fisher, City of North Tonawanda High School, was actively and unlawfully denying Michael Equal Access to Education and Equal Protection of the Laws. Commissioner Mills was forwarded all relevant correspondence on the matter through November 3 2005 including, but not limited to, a copy of the Complaint of Aggravated Harassment I filed on behalf of Michael with the City of North Tonawanda Police Department, copy of relevant pages from Michael's NTHS Day -Planner, and correspondences to (retired) Superintendent Dr. John George and Principal James V. Fisher, North Tonawanda High School inquiring respectively of the reasons for the denial of my requests for class/homework for Michael and reminding them that Principal Fisher's directive to Michael's teachers to refuse my requests for class/homework were in violation of the law; Michael was neither Truant or Unlawfully detained from regular attendance at school, the two (2) categories of "unexcused" absences in the State of New York. Michael was entitled to all class/homework for the period October 13, 2005 through and including December 4, 2005.

Commissioner Mills did not respond to my early correspondences mentioned. In fact, Commissioner Mills would over the course of the next year and one-half repeatedly and willfully fail to execute the duties off his office as required by Article 7 of the Education Law of the State of New York to enforce general and special law and hold accountable the City of North Tonawanda School District for its willful refusal to grant Michael Equal Access to Education and Equal Protection of the Laws. Commissioner Mills would in fact become an active participant in denying Michael Equal Access to Education and Equal Protection of the Laws.