New York Codes, Rules and Regulations

NYCRR is now online!! The resource that one needs to find NYS regulations (e.g., 8 NYCRR, which are the Education Regs) are available at

http://www.dos.state.ny.us/info/nycrr.htm

NYS Comptroller and ATTNY General Opinions

The NYS Office of the Comptroller publishes legal opinions as well as reports, audits, and guidelines. From the site
"These opinions represent the views of the Office of the State Comptroller at the time they were rendered. The opinions may no longer represent those views if, among other things, there have been subsequent court cases or statutory amendments that bear on the issues discussed in the opinions."

Link http://www.osc.state.ny.us/legal/

The NYS Attorney General's Office also has opinions and announcements going back more than ten years to the present.

From the site "The Division of Appeals and Opinions operates under the direction of the Solicitor General, who, by statute, is appointed by the Attorney General. The Division is responsible for preparing and arguing civil and criminal appeals in both state and federal courts. The Division determines which cases are to be appealed and determines which legal arguments will be advanced on behalf of the State of New York. The Division also provides advice and counsel to the Attorney General and to Attorneys throughout the Office."

http://www.oag.state.ny.us/bureaus/appeals_opinions/opinions/index_op.html

Another Lexis Tip: New York State Statutes

Want to find a NYS statute, and only want to search a specific volume e.g. "Education"? When you do a search in the NYS code, limit to EDUCATION under Heading.

Click the link to search "specific document sections," and select Heading from the list, then type Education in the box and add to search!

So...for practice, type in the words termination employment as a Natural Language search, and perform the limit described above.

a few cases to try by citation or litigants

seamons v. snow
board of education v. tom f.
546 u.s. 49 schaffer v. weast
hendrick hudson v. rowley 458 u.s. 176

Three illustrations of what I mean

It's hard to articulate. These matters below are neither necessarily unusual or unsatisfying; but they show how courts and the Commissioner determine more than guilt or innocence.

• Woods v. Rondout Valley Central School District .

(466 F.3d 232). Eleventh Amendment issue

• Appeal of Bitteker, Dec.#14,326
  

Dismissed as untimely and moot

• Appeal of Nett and Raby, Dec. #15,315

School board member found to have breached NYS confidentiality laws but not removed from office

• Sheff v. O'neill (298 Conn. 1) [memorandum]

Connecticut court found that Hartford schools were racially segregated. Instead of acting by itself, court showed restraint, allowing the legislature and executive branch to find a remedy.

CAUTION regarding reporter abbreviations!

Many of the Commissioner's Decisions cite case law, but the citations often appear without the right punctuation! Lexis Nexis is very picky about punctuation i.e., unless you type in the missing periods in the reporter name, you'll get no case!

EXAMPLE: Commissioner's Decision 15,774 cites Longwood Cent. School Dist. v. Springs Union Free School Dist., 1 NY3d 385; but to find the case in Lexis, you'll need to put in the periods, 1 n.y.3d 385

So, where do you go to learn the proper punctuation? Page XV of the School Law textbook is a great resource. So are these

• BU Law Library site: better for federal than for indiv. state reporters

• Cleveland Marshall College of Law citations page: great overview of how to read 'em
• Introduction to Basic Legal Citation (including what gets omitted and other common citation issues) by Peter Martin, Cornell LII
  

LexisNexis� Academic: Try these

You can do a "natural language" search for phrases. just put the phrases in quotes. Try some of these, and remember to limit your search to NYS federal and state cases

"free and appropriate education"
"zero tolerance"
"education law section 3214"
"Age discrimination in employment act"

New York State Education Department PROCEDURAL SAFEGUARDS NOTICE

What are the (NYS) rights of special education students and their parents? Visit

New York State Education Department PROCEDURAL SAFEGUARDS NOTICE

See the Resolving Concerns page, too

RandyChapman’s Ability Law Blog

Frank G v. Bd of Ed commentary from Randy Chapman. And here's the decision

RandyChapman’s Ability Law Blog

Welcome to the Division of Administrative Rules

NY Codes, Rules & Regulations. Finally online! 8 NYCRR are the Commissioner of Education's Regs. Browse by Number of use the Search tool to look for keywords.

NYCRR: Welcome to the Division of Administrative Rules

NYS Violent Incident Reports (VADIR)

Violent and Disruptive Incidents Reports:Mandatory reporting data on violent incidents in NYS schools

Courthouse News

Great place to find news and other legal documents, if you're curious to see what they look like.
http://www.courthousenews.com

CT/NJ State Departments of Education

Comparison??
New Jersey Dept. of Education: Legal
Connecticut State Department of Education

California: Laws ("code") and Regulations page | California Dept of Education

Terms we'll see often

• interim relief
• Injunctive relief (enjoin)
  
• Petitioner and respondent (in commissioner's decisions)
• Timely/untimely
• Due Process
• Capricious and Arbitrary
• sustained and dismissed appeals
  

What will people sue under?

A few Acts/Statutes that we'll see often

• Fourteenth Amendment
• Civil Rights Act of 1964
• Rehabilitation Act of 1973
• Individuals with Disabilities Education [Improvement] Act
• NYS Constitution Article XI
  

testing out a database

Sample searches

• Do a proximity search for "strength vitality alertness" in the CFR
• Do a search for "dress code" in the Commissioner's decisions
  

The baseball bat case in New York City
509 F. Supp. 2d 285 USA BASEBALL et al v.CITY OF NEW YORK (2007)

Compare with John A. Watson v. City of Cambridge157 Mass. 561 (1893)

If you can't use Lexis Nexis...

Well, maybe at times, you won;'t be able to. So this is a good time to bookmark where on the free web you can find laws, regs, administrative decisions and case law

• Decisions of the NYS Commissioner of Education AKA Education Department Reports (not in LN anyway) NOTE: volumes 31 - present ONLY!
• NYCRR
  
• US CODE AKA US Statutes
• Code of Federal Regulations (34 CFR are Education regs)
• NYS Consolidated Laws AKA McKinney's Black Books
• Pending Bills in US Congress [THOMAS] Not in LN
  
• Pending Bills in NYS (Not in LN)
• Browse VERY SELECT US Supreme Court opinions
• SELECT NYS case law and 2nd Circuit federal opinions
• NYS Unified Court System: opinions & great overview of how it all works
  

Definitions

One of many things that statutes and regulations do is to provide definitions for terms.

• FAPE: free appropriate public education
• LRE: Least Restrictive Environment
• Central, Union Free, Consolidated etc., School Districts
• Highly Qualified teacher
• Mohair Definitions.see CFR Title 7: Agriculture § 1421.3
  

EXAMPLE 2: Firearms in Schools: Zero Tolerance & Suspensions

Again, Starting with a federal Statute

TITLE 20. EDUCATION
CHAPTER 70. STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND SECONDARY SCHOOLS
21ST CENTURY SCHOOLS
SAFE AND DRUG-FREE SCHOOLS AND COMMUNITIES
GUN POSSESSION
20 USCS § 7151

§ 7151. Gun-free requirements

(a) Short title. This subpart [this section] may be cited as the "Gun-Free Schools Act".

(b) Requirements.
(1) In general. Each State receiving Federal funds under any title of this Act [20 USCS §§ 6301 et seq.] shall have in effect a State law requiring local educational agencies to expel from school for a period of not less than 1 year a student who is determined to have brought a firearm to a school, or to have possessed a firearm at a school, under the jurisdiction of local educational agencies in that State, except that such State law shall allow the chief administering officer of a local educational agency to modify such expulsion requirement for a student on a case-by-case basis if such modification is in writing.
(2) Construction. Nothing in this subpart [this section] shall be construed to prevent a State from allowing a local educational agency that has expelled a student from such a student's regular school setting from providing educational services to such student in an alternative setting.
(3) Definition. For the purpose of this section, the term "firearm" has the same meaning given such term in section 921(a) of title 18, United States Code.

(c) Special rule. The provisions of this section shall be construed in a manner consistent with the Individuals with Disabilities Education Act [20 USCS §§ 1400 et seq.].

(d) Report to State. Each local educational agency requesting assistance from the State educational agency that is to be provided from funds made available to the State under any title of this Act [20 USCS §§ 6301 et seq.] shall provide to the State, in the application requesting such assistance--
(1) an assurance that such local educational agency is in compliance with the State law required by subsection (b); and
(2) a description of the circumstances surrounding any expulsions imposed under the State law required by subsection (b), including--
(A) the name of the school concerned;
(B) the number of students expelled from such school; and
(C) the type of firearms concerned.

(e) Reporting. Each State shall report the information described in subsection (d) to the Secretary on an annual basis.

(f) Definition. For the purpose of subsection (d), the term "school" means any setting that is under the control and supervision of the local educational agency for the purpose of student activities approved and authorized by the local educational agency.

(g) Exception. Nothing in this section shall apply to a firearm that is lawfully stored inside a locked vehicle on school property, or if it is for activities approved and authorized by the local educational agency and the local educational agency adopts appropriate safeguards to ensure student safety.

(h) Policy regarding criminal justice system referral.
(1) In general. No funds shall be made available under any title of this Act [20 USCS §§ 6301 et seq.] to any local educational agency unless such agency has a policy requiring referral to the criminal justice or juvenile delinquency system of any student who brings a firearm or weapon to a school served by such agency.
(2) Definition. For the purpose of this subsection, the term "school" has the same meaning given to such term by section 921(a) of title 18, United States Code.

Federal law becomes state law by mandate : NYS Education Law 3214

. [Until June 30, 2008]
(1) Consistent with the federal gun-free schools act, any public school pupil who is determined under this subdivision to have brought a firearm to or possessed a firearm at a public school shall be suspended for a period of not less than one calendar year and any nonpublic school pupil participating in a program operated by a public school district using funds from the elementary and secondary education act of nineteen hundred sixty-five who is determined under this subdivision to have brought a firearm to or possessed a firearm at a public school or other premises used by the school district to provide such programs shall be suspended for a period of not less than one calendar year from participation in such program. The procedures of this subdivision shall apply to such a suspension of a nonpublic school pupil. A superintendent of schools, district superintendent of schools or community superintendent shall have the authority to modify this suspension requirement for each student on a case-by-case basis. The determination of a superintendent shall be subject to review by the board of education pursuant to paragraph c of this subdivision and the commissioner pursuant to section three hundred ten of this chapter. Nothing in this subdivision shall be deemed to authorize the suspension of a student with a disability in violation of the individuals with disabilities education act or article eighty-nine of this chapter. A superintendent shall refer the pupil under the age of sixteen who has been determined to have brought a weapon or firearm to school in violation of this subdivision to a presentment agency for a juvenile delinquency proceeding consistent with article three of the family court act except a student fourteen or fifteen years of age who qualifies for juvenile offender status under subdivision forty-two of section 1.20 of the criminal procedure law. A superintendent shall refer any pupil sixteen years of age or older or a student fourteen or fifteen years of age who qualifies for juvenile offender status under subdivision forty-two of section 1.20 of the criminal procedure law, who has been determined to have brought a weapon or firearm to school in violation of this subdivision to the appropriate law enforcement officials.
(2) Nothing in this paragraph shall be deemed to mandate such action by a school district pursuant to subdivision one of this section where such weapon or firearm is possessed or brought to school with the written authorization of such educational institution in a manner authorized by article two hundred sixty-five of the penal law for activities approved and authorized by the trustees or board of education or other governing body of the public school and such governing body adopts appropriate safeguards to ensure student safety.
(3) As used in this paragraph:
(i) "firearm" shall mean a firearm as defined in subsection a of section nine hundred twenty-one of title eighteen of the United States Code; and
(ii) "weapon" shall be as defined in paragraph 2 of subsection g of section nine hundred thirty of title eighteen of the United States Code.

d. [Eff June 30, 2008] Consistent with the federal gun-free schools act of nineteen hundred ninety-four, any public school pupil who is determined under this subdivision to have brought a weapon to school shall be suspended for a period of not less than one calendar year and any nonpublic school pupil participating in a program operated by a public school district using funds from the elementary and secondary education act of nineteen hundred sixty-five who is determined under this subdivision to have brought a weapon to a public school or other premises used by the school district to provide such programs shall be suspended for a period of not less than one calendar year from participation in such program. The procedures of this subdivision shall apply to such a suspension of a nonpublic school pupil. A superintendent of schools, district superintendent of schools or community superintendent shall have the authority to modify this suspension requirement for each student on a case-by-case basis. The determination of a superintendent shall be subject to review by the board of education pursuant to paragraph c of this subdivision and the commissioner pursuant to section three hundred ten of this chapter. Nothing in this subdivision shall be deemed to authorize the suspension of a student with a disability in violation of the individuals with disabilities education act or article eighty-nine of this chapter. A superintendent shall refer the pupil under the age of sixteen who has been determined to have brought a weapon to school in violation of this subdivision to a presentment agency for a juvenile delinquency proceeding consistent with article three of the family court act except a student fourteen or fifteen years of age who qualifies for juvenile offender status under subdivision forty-two of section 1.20 of the criminal procedure law. A superintendent shall refer any pupil sixteen years of age or older or a student fourteen or fifteen years of age who qualifies for juvenile offender status under subdivision forty-two of section 1.20 of the criminal procedure law, who has been determined to have brought a weapon to school in violation of this subdivision to the appropriate law enforcement officials.

Appeals to the commissioner

• Appeal of CD Decision No. 15,041 (bb gun as firearm, more strict local policy than fed, alternative education during suspension, due process) http://www.counsel.nysed.gov/Decisions/volume43/d15041.htm
• Appeal of EDDY Decision No. 13,748 (mootness, expunge, community service, no IEP ruling) http://www.counsel.nysed.gov/Decisions/volume36/d13748.htm
• 
  

Example 1: relationship between Federal Statute, Fed. Regulation and the state

Here is an example of how Congress enacts a law, which then authorizes or mandates the Secretary of Education to act. the Secretary's actions can be codified in 34 CFR.
The secretary can then authorize or mandate the State Educational Agencies (SEAs) or Local Educational Agencies (LEAs) to act.
Our Staring Point: 20 USC 1417 (e)

Congress authorizes the Secretary of education…..

(e) Model forms

Not later than the date that the Secretary publishes final regulations under this chapter, to implement amendments made by the Individuals with Disabilities Education Improvement Act of 2004, the Secretary shall publish and disseminate widely to States, local educational agencies, and parent and community training and information centers—

(1) a model IEP form;

(2) a model individualized family service plan (IFSP) form;

(3) a model form of the notice of procedural safeguards described in section 1415 (d) of this title; and

(4) a model form of the prior written notice described in subsections (b)(3) and (c)(1) of section 1415 of this title that is consistent with the requirements of this subchapter and is sufficient to meet such requirements.

The Secretary then creates Rules for how this is to be done. In this case, The Secretary gives authority and mandates to the State and Local education Agencies…

[Code of Federal Regulations]

[Title 34, Volume 2]

[Revised as of July 1, 2007]

From the U.S. Government Printing Office via GPO Access

[CITE: 34CFR300.509]

[Page 81]

                           TITLE 34--EDUCATION

 CHAPTER III--OFFICE OF SPECIAL EDUCATION AND REHABILITATIVE SERVICES, 

                         DEPARTMENT OF EDUCATION

PART 300_ASSISTANCE TO STATES FOR THE EDUCATION OF CHILDREN 

WITH DISABILITIES--Table of Contents

 Subpart E_Procedural Safeguards Due Process Procedures for Parents and 

                                Children

Sec. 300.509  Model forms.

    (a) Each SEA must develop model forms to assist parents and public 

agencies in filing a due process complaint in accordance with Secs. 

300.507(a) and 300.508(a) through (c) and to assist parents and other 

parties in filing a State complaint under Secs. 300.151 through 

300.153. However, the SEA or LEA may not require the use of the model 

forms.

    (b) Parents, public agencies, and other parties may use the 

appropriate model form described in paragraph (a) of this section, or 

another form or other document, so long as the form or document that is 

used meets, as appropriate, the content requirements in Sec. 300.508(b) 

for filing a due process complaint, or the requirements in Sec. 

300.153(b) for filing a State complaint.

(Authority: 20 U.S.C. 1415(b)(8))

How do the Regulations then manifest themselves? By placement of web pages, where they’re widely accessible.

• http://www.ed.gov [search “IEP model forms” to see posted regs, tips, and the forms]
• http://www.vesid.nysed.gov/specialed/publications/policy/iep/sampform.htm