SIT AND STARE UPDATE (Important): This week, I spent time on the phone with Child and Family Services and also with Student Services at NYSED. This is kind of ironic, but NYSED said that we should file An Appeal For Petitioners against school districts that will not change their sit and stare policies since NYSED does NOT require children to sit and stare. That means that NYSED could intervene and force schools to change their policy. The process costs $20 (a refund can be requested), does NOT require and attorney, but could take a little work. I am willing to help within my available time. The process must officially be done by a parent that has a child impacted by a sit and stare policy. That person is called the petitioner. Someone other that the petitioner must serve the papers to the Superintendent. That person could be me if you live near me. The process can take a little while, however, an immediate stay can be requested within petition. That means NYSED could immediately stop the sit and stare policy while the case is being investigated. Here is the website with the complete details: counsel.nysed.gov/appeals/instruction.htm More details here: counsel.nysed.gov/appeals/Forms.htm Below is a sample of what a petition would look like. It would need to have more details in it, but that is the basic structure. Notarization is required and there are several rules to follow. The petitioner can even request to appear before the Commissioner for an oral argument. That could be fun...lol. My suggestion is this: talk to your Super and school board first about changing their sit and stare policy. If they will not change then show them the sample petition below, and tell them you will be proceeding with it if they do not change. I think this is enough to get most districts to change their mind. However, if they still do not change their mind then I will help you submit an official petition. You need to move quickly though. There is only 2 months before testing begins and schools have 20 days by law to respond to a petition. It is interesting what Child and Family Services said at their Justice Center. They said just a threat of forcing a child to sit and stare for prolonged periods of time in a childcare setting it is considered a violation of childcare law. We can file a report with Child and Family Services right now if we want and they will investigate, but they suggested going the route above first with the petition. Form 1 Notice of Petition STATE OF NEW YORK STATE EDUCATION DEPARTMENT _____________________________________ In the Matter of (PETITIONERS NAME), on behalf of (CHILDS NAME) from action of the Board of Education of the ______________ School District regarding the forcing of students to “sit and stare” for long periods of time for several days. _____________________________________ NOTICE: You are hereby required to appear in this appeal and to answer the allegations contained in the petition. Your answer must conform with the provisions of the regulations of the Commissioner of Education relating to appeals before the Commissioner of Education, copies of which are available at counsel.nysed.gov or from the Office of Counsel, New York State Education Department, State Education Building, Albany, New York 12234. If an answer is not served and filed in accordance with the provisions of such rules, the statements contained in the petition will be deemed to be true statements, and a decision will be rendered thereon by the Commissioner. Please take notice that such rules require that an answer to the petition must be served upon the petitioner, or if he be represented by counsel, upon his counsel, within 20 days after the service of the appeal, and that a copy of such answer must, within five days after such service be filed with the Office of Counsel, New York State Education Department, State Education Building, Albany, New York 12234.
Posted on: Sun, 02 Feb 2014 18:06:02 +0000
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