W.B. v. Baldwinsville Central School Dist‪.‬

On May 26, 2005, A.B., Petitioners son, was suspended from the Baldwinsville school district for alleged sexual harassment of a female student. The Superintendents hearing was scheduled for June 29, 2005. In his petition, petitioner alleges that the attorney who was to be representing petitioner at the Superintendents hearing was required to appear before the Cortland County Family Court on that day in two separate neglect proceedings. Petitioners attorney attempted to adjourn the superintendents hearing by contacting the school districts attorney who indicated he had no problem with the adjournment. As a follow-up, on June 28, 2005, an Affirmation of Prior Engagement was faxed to the hearing officer and the schools attorney. Despite his request for an adjournment, the Superintendents hearing went forward in the absence of petitioner, his son, and his attorney on June 29, 2005. As a result of this hearing, A.B. was suspended from school for the entire 2006 school year. Because of the suspension, A.B. has been unable to attend summer school for math which he requires. As such, petitioner contends, A.B. is not being provided with alternative instruction in accordance with New York State Education Law.