Per the OD today the State Attorney General has claimed that students were denied entry to Proctor High School in violation of federal law. It is interesting
that the AG is bringing a suit against an
entity that is both a creature of State law and under the control of the State Education Department.
The question not asked is
whether Utica City School District is in compliance with all of the
rules and regulations of the State Education Department?
If not,
then the students are not getting the education to which they are
entitled by law and an administrative proceeding should be brought
before the SED to correct the problem.
If UCSD has complied with all
of SED's rules, then it must be presumed that the students are
receiving the education to which they are entitled.
If some federal
standard indicates that the students are not receiving the education to which they are entitled, then the non-compliance with federal law is one
that is permitted by SED's own rules. Since the AG and SED are both
part of the State's executive branch, they are obliged to change the
rules to ensure that all the state's school districts comply with
federal law.
Neither the AG nor the federal court have any expertise
in education – which risks that any decision coming out of the
federal court in this case may be educationally harmful to the
students involved.
The fact that the AG is willing to risk the
educational well-being of these students by forgoing the State's own
experts and proceeding directly to federal court strongly suggests
that the law suit is motivated by politics rather than any interest
in these immigrant students' education.