Andrew J. Freedman, Esq. (North Tonawanda CSD School Board Attorney) Appointed FERPA Hearing Officer

The Standards: United States Department of Education, The Family Educational Rights and Privacy Act (FERPA); 20 U.S. C. Section 1232g; 34 CFR Part 99 and Section 99.22 What minimum requirements exist for the conduct of a hearing?

The Family Educational Rights and Privacy Act (FERPA) (20 U.S.C. Section 1232g; 34 CFR Part 99) is a Federal law that protects the privacy of student education records. FERPA also gives parents (or eligible students) certain rights with respect to their child's education records. Parents have the right to inspect and review their child's education records maintained by the school. Parents also have the right to request that a school correct records which they believe to be inaccurate or misleading. If the school decides not to amend the record, the parent (or eligible student) then has the right to a formal hearing. If, after the hearing, the school still decides not to amend the record, the parent has the right to place a statement with the record setting forth his or her view about the contested information. The statement must remain with the contested part of your child's record for as long as the record is maintained. FERPA cannot be used to challenge a grade or an individual's opinion unless it has been inaccurately recorded. Additionally, if FERPA's amendment procedures are not applicable to a parent's request for amendment of education records, the school is not required to hold a hearing under FERPA on the matter.

Under FERPA, Section 99.22 What minimum requirements exist for the conduct of a hearing? "The hearing may be conducted by any individual, including an official of the educational agency or institution, who does not have a direct interest in the outcome of the hearing."

The Truths: In correspondence dated 1 March 2006, addressed to Principal James V. Fisher, North Tonawanda High School, I stated that I believe that there is inaccurate information in Michael's education records, the specific information that I believe is inaccurate, the reason I believe such information is inaccurate, and my evidence to support my belief that the information is inaccurate:

"...1. Attendance records for the period October 13 - December 2, 2005 reflect thirty-four (34) un-excused absences.

2. In correspondence to you dated October 12, 2005, you were informed that Michael would not return to school until I was satisfied that the death threat against him was investigated. That Dr. John George (Superintendent of Schools), and Detective Smith (Juvenile Division, North Tonawanda Police Department) were copied on this correspondence.

That in addition to said correspondence, I telephoned the Attendance Office on school days between October and November 2005, indicating that Michael would not be in attendance pursuant to my correspondence to you (you may confirm this with Ms. Yager, Attendance Office).

3. NTCSD failed to prove that Michael's absence was un-excused (unlawful detention and/or truancy).

If you still believe, as stated in your correspondence of February 14, 2006, that "Michael's attendance records...are consistent with NTCSD Board of Education Policy, then FERPA provides that I receive a hearing on this matter. Please inform me in writing as to the date and time of the hearing...." (former Superintendent (Dr. John George), former NTCSD School Board President (Scott Schultz), an alleged Guidance Counselor (Mrs. Colleen Fisher), and Ms. Yager, (Attendance Office), were copied on this correspondence).

On March 2, 2006, I received correspondence from Dr. John George regarding my FERPA Hearing Request. Dr. George advises me that he has "designated our school attorney, Andrew J. Freedman, Esq., to hear the matter. The hearing is scheduled for March 10, 2006 at 10:00 A.M. in the Board of Education conference Room, 175 Humphrey Street, North Tonawanda, New York 14120. You may have an attorney present at your own expense if you so choose.

Thank you.

Sincerely,

John H. George, Ed.D.
Superintendent of Schools"

Dr. George copied Andrew J. Freedman, Esq., Hearing Officer and James V. Fisher, Principal.

By letter dated 2 March 2006 to Dr. John George, I objected to Dr. George's appointment of Andrew J. Freedman Esq. as Hearing Officer under FERPA, Section 99.22 What minimum requirements exist for the conduct of a hearing? By letter dated March 8, 2006, from Susan L. Villiers (North Tonawanda City School District Assistant Superintendent of Administrative Services), Ms. Villiers informed me that "Based on a review of this matter, it was determined that Mr. Freedman, under FERPA, Section 99.22, does not have a direct interest in the outcome of the hearing. However, due to your concern, the District is willing to designate another individual as hearing officer."

Ms. Villiers further informs me that the hearing scheduled for Friday, March 10, 2006 has been postponed, and by letter dated March 15, 2006, Dr. George informs me that he has designated Colleen A. Sloan, Esq. of Erie 1 BOCES to hear the matter on March 21, 2006 at 9:30 a.m. in the Superintendent's Conference Room, 175 Humphrey Street, North Tonawanda, New York 14120. Dr. George goes on to say "You may have an attorney present at your own expense if you so choose."

New York State Office of Children & Family Services Proceeds With Charge of Educational Neglect

The Standards: Laws of the State of New York Article 6, Title 6, Section 424(7), which states:

"Duties of the child protective service concerning reports of abuse or maltreatment. Each child protective service shall determine within sixty days, whether the report is "indicated" or "unfounded"."

Administrative Subpoena Duces Tecum to North Tonawanda City School District to produce "Educational records of Michael Mangus including but not limited to Home teaching record for the time frame: September 2005 to the present. Failure to comply with this Subpoena may be punishable as a contempt of Court and make you liable to the person on whose behalf this subpoena was issued for a penalty not to exceed fifty dollars.

The Truths: In a Hearing before New York State Office of Children & Family Services Administrative Law Judge Jean Greinert held at Niagara County Building in Niagara Falls, NY this past Friday, February 1st, the witness for New York State Office of Family and Children Services in a charge of "educational neglect" against me, arrived one hour late for a scheduled hearing to begin at 12 Noon. I read my opening statement before Judge Greinert, stating that Judge Greinert had "evidence before her of an egregious and illegal abuse of authority by New York State Office of Family & Children Services and Niagara County Department of Social Services personnel who violated, among other things, the Laws of the State of New York, Article 6, Title 6, Section 424(7), which states the duties of the child protective service concerning reports of abuse or maltreatment. "Each child protective services shall determine within sixty days, whether the report is "indicated" or "unfounded". " The initial report of "educational neglect and inadequate guardianship" was made November 29, 2006, and was not "indicated" until May 8, 2007. (I was able to reverse the charge of "inadequate guardianship" prior to learning that NYS OCFS and Niagara County Department of Social Services had in fact exceeded the statute of limitation and has no legal standing.) I then requested that the matter be promptly expunged and sealed and preserved my right to commence legal action on this matter. I also stated for the record that if New York State Office of Children and Family Services continues with this course of action, that I am requesting an adjournment to subpoena witnesses for examination.

I was not granted an adjournment or an opportunity to subpoena witnesses for examination as Judge Greinert then asked NYS OCFS Attorney Laura Wagner if she was ready to present her case. I entered evidence, twice objected to by Attorney Wagner, that City of North Tonawanda School District defied the Administrative Subpoena Duces Tecum issued by Judge Greinert back on December 5, 2007, to produce all of Michael's educational records and evidence that sources for the charge were unreliable, including "school officials" and a school board attorney. NYS OCFS could not provide evidence that Michael was released by his doctors for regular attendance to school.

Attorney Wagner repeatedly asked leading questions of me, not objected to by Judge Greinert who also gave no indication that she would hold City of North Tonawanda School District in contempt for violating the Subpoena. Judge Greinert did indicate however that she will render her Decision in 2 weeks.