A Critical Examination of State Agency Investigations into ...

Compulsory Education laws require that all minors, six to sixteen years of age, attend fulltime instruction “if in proper mental and physical condition.” State Educationregulations state that students may be removed from their educational programs forperiods of time under certain conditions and guidelines, but require that alternateinstruction be provided for the student in the event of a removal from educationalprogramming.Expert opinion obtained by this office determined that, “There would appear to beno clinically appropriate reason for Jonathan Carey to miss multiple days of school,unless he was ill, to remain in his room…it would be necessary for him to be in schoolreceiving services.” They suggested that if the Anderson School was concerned thatJonathan would remove his clothes at school, “Staff could have dressed Jonathan inclothing that would be difficult to remove.”36Permitting Jonathan to lie in urineAs noted in the previous section regarding the investigation by the Taconicregional office, the Inspector General found evidence that Jonathan was permitted to lieon a soiled bed for at least some period of time. Staff members were instructed toprovide Jonathan with clean linens only a limited number of times during the day.Leaving Jonathan in this state could have been cited as a violation of his right to a “safeand sanitary environment.” 3736 Education Law §§ 3205, 3208.37 14 NYCRR § 633.4(a)(4)(i).137