The Standards: Family Education Right to Privacy Act (FERPA); Amendment of Education Records C.F.R. 34 Sections 99.20, 99.21 and 99.22 of FERPA Regulations, New York State Education Department Commissioner's Rules & Regulations Truant and/or Unlawfully Detained (the two categories of unexcused absences in New York State), and North Tonawanda City School District Attendance Policy, North Tonawanda High School "Agenda" (2005-2006, pgs. 7-11).
The Truths: At a FERPA Hearing held at CNTSD Administration Building, 175 Humphrey Street, North Tonawanda, NY on 21 March 2006, at 9:30 a.m., before Colleen Sloan, Esq., designated Hearing Officer by former (retired) CNTSD Superintendent Dr. John George, I appeared with James Rolls, Esq.. Andrew J. Freedman, Attorney for City of North Tonawanda School District and North Tonawanda High School Principal James V. Fisher were also present at the Hearing.
Introductions were exchanged and the Hearing began to move forward. As Ms. Sloan began to proceed with the Hearing however, it was necessary for me to interrupt her for the reason that I had objections to the Hearing to state for the record:
"1. I have filed a Complaint on behalf of my child Michael Mangus with the Division of Human Rights against City of North Tonawanda School District charging City of North Tonawanda School District with unlawful discriminatory practice relating to education in violation of Article 15 of the Executive Law of the State of New York because of Sexual Orientation and Andrew J. Freedman, Esq. is the attorney of record for City of North Tonawanda School District.
2. I object to the fact that Dr. George, a party to the above action and having a direct interest in the outcome of this Hearing, selected the Hearing Officer on this matter.
3. I also object to the fact that I have been forced to seek this Hearing as a result of the City of North Tonawanda School District's willful disregard of a Decision, dated January 19, 2006, by New York State Office of Children and Family Services Abuse and Maltreatment Register that determined that a report of "educational neglect" was unfounded because no credible evidence was found to support the claim.
4. I further object to the fact that I have been forced to seek this Hearing as a result of the City of North Tonawanda School District's willful disregard toward State Education Law, Compulsory Education Under New York State, because the City of North Tonawanda refuses to acknowledge that Michael's absences cannot be defined as truant or unlawful detention.
The Records that are inaccurate: Attendance Records: There are 34 unexcused absences on Michael's report card for the period October 13, 2005 to December 2, 2005."
Throughout the Hearing, Attorney Freedman repeatedly attempted to bridge a relationship between Michael's absences and a subsequent medical request for home instruction, which bears no rational relationship to Michael's absences from school during the aforementioned time (Michael was removed from North Tonawanda High School on 12 October 2005 for the reason of a discovered written death threat against him for his sexual orientation/gender expression; a threat that put him in fear for his life. Michael was not removed from NTHS on 12 October 2005 for reason of illness/sickness).
In requesting and receiving evidence, Ms. Sloan refused to accept copy of initial correspondence from New York State Office of Children and Family Services dated 9 November 2005, and copy of final correspondence from New York State Office of Family and Children Services dated 19 January 2006, as evidence that the City of North Tonawanda School District failed to provide credible evidence of "educational neglect" therefore confirming that Michael was never truant or unlawfully detained from school, that Michael's absences from school should have been in fact recorded as excused, and that Michael was entitled to all coursework requested for him by me during the course of this time period.
As the Hearing drew to a close Ms. Sloan indicated that she would render her Decision within ten (10) days. Ms. Sloan's Decision is self-explanatory. A subsequent Affidavit of Ms. Sloan in a 310 Appeal later filed with New York State Education Department Office of Counsel on the Matter of Rhonda Mangus, on behalf of Michael Mangus v. Actions of a Hearing Officer and the City of North Tonawanda School District, Appeal No. 18345, is self-explanatory as well, and will be posted accordingly.
Please Note: A certain unsettling encounter took place at the Administration Building prior to the commencement of the Hearing. The event evolved from my request to Attorney Andrew J. Freedman for the City of North Tonawanda School District Administration Policy and Procedure Manual. Attorney Freedman's response was "Go sit down!" When I again requested the Manual for Attorney Rolls' review, Mr. Freedman's response was "Go sit down, before I call the police!" I immediately returned to Attorney Rolls and conveyed the incident to him. Attorney Rolls looked at me in disbelief. The Manual was never produced at the Hearing, Attorney Freedman claiming it was not on-site, Attorney Rolls' was given instead City of North Tonawanda School District's (invalid) NTHS 2005-2006 "Agenda", and my concerns prior to attending the Hearing were validated. Ms. Sloan was made aware of the event during the Hearing; Commissioner Mills would be made aware of the event in the first formal appeal to him, known as a Section 310 Appeal.
Please also note: Among other matters, I would learn (well after the FERPA Hearing) that Ms. Sloan does in deed hold both personal and professional relationships (as an "Employee" of Erie 1 BOCES) with City of North Tonawanda School District (CNTSD). Further, that Ms. Sloan is Manager of Erie 1 BOCES Labor Relations Service whose staff is available to provide seminars and in-service training on a wide range of topics to participating districts, including presentations on Family Education Rights and Privacy Act (FERPA). Level 2 Labor Relations Service also provides "Telephone consultation and information on specific pupil personnel issues such as attendance, denial of credit,...FERPA...". Furthermore, I would also learn that Erie 1 BOCES collaborated with CNTSD in the compilation of CNTSD Administrative Policy and Procedure Manual. Additionally, City of North Tonawanda School District also utilizes Erie 1 BOCES computer software, and has agreements with WNYRIC (cf. http://eboces.wnyric.org).
