Educational Neglect in New York: Laws, Examples, and Legal Consequences

New York law entitles children to an education. In fact, children are legally required to attend school if they are between the ages of 6 and 16, unless they have already graduated from high school before they reach 16. Children who are home-schooled, attend private school, or have a valid reason for not attending school are exempted from the requirement that they attend a public school.

It is considered essential for the welfare of a child for them to have the opportunity to develop the skills that are necessary for them to thrive as adults. School attendance is viewed as helping promote the acquisition of academic and social skills as well as general well-being. Of course, it is critical to an adult’s ability to succeed in the job market to have an education.

In addition, the federal Individuals with Disabilities Act (IDEA) establishes standards for the education that children with disabilities must receive in all states, including New York. Students with disabilities must be provided with a “free and appropriate public education in the least restrictive environment possible.” States must implement the IDEA, and the federal Department of Education gives the states funding if they comply with the IDEA.

The IDEA provides many other forms of support to states and local education agencies for the education of students with disabilities. The parent of a child with disabilities who has questions about their own child’s educational experience could benefit from a New York lawyer consultation. Their lawyer could help them understand the requirements of the IDEA and assess whether their child’s education meets the requirements of federal law.

In New York, neglect of a child can include a child suffering from educational neglect. In New York family court, educational neglect is defined as causing a child under the age of 18 to suffer impairment of their mental, emotional, or physical condition, because of a failure on the part of their parents to give their child an appropriate education as they are required by law to do. In extreme situations, it can be seen as a form of child abuse.

What Are Some Examples of Educational Neglect in New York?

One of the most common types of educational neglect arises when a child is repeatedly absent from school with the knowledge of their parents. If the parents have not taken any appropriate action in response to their child’s frequent, unexcused absence from school, this state of affairs could lead a family court to find the parents liable for educational neglect.

If the child refuses to go to school and the parents have tried to make them attend without success, the parent would want to document the efforts they have made to get their child to attend school regularly. They would then need to make some kind of exceptional effort to get the child to go to school.

They may have to consult a medical professional, e.g. a psychiatrist, or a psychologist, for advice and assistance. It would probably be a good idea for the parent to talk to school authorities and explain their dilemma. The local school authority may have helpful resources available. They could benefit from talking to a New York lawyer about what their next steps should be.

Parents may have to file a “Persons in Need of Supervision” (PINS) petition. A child under the age of 18 who refuses to go to school or otherwise consistently refuses to obey their parents, may be found to be a PINS.

A PINS petition is filed in a New York family court. The court would hold a hearing and ultimately decide whether a child is a PINS. It is also possible that the situation would be settled outside of court through the Family Assessment Program (F.A.P.) This program is managed by the New York Administration for Children’s Services (ACS) and the NYC Department of Probation. The parents and child would get assistance if the child is found to be a PINS.

Is It Illegal to Not Send Your Child to School in New York?

As noted above, New York law requires every child between the ages of 6 and 16 to attend school full-time. Local school districts may require students to stay in school beyond the age of 16. Some require children to attend kindergarten when they are 5 years old. Any school-age children who skip class too regularly without excuse could face school discipline for truancy.

Again, it is the responsibility of parents to make sure their children attend school regularly. If they do not fulfill this obligation and tolerate their child’s truancy, they can be charged with the criminal offense of truancy.

To escape conviction, they would have to show that they cannot control their child. The punishment for a first offense is payment of a maximum fine of $10 or 10 days in jail. A second or subsequent offense can be punished by payment of a maximum fine of $50 and/or 30 days in jail.

How Can Educational Neglect Be Proven in New York?

New York family law defines child “neglect” as causing harm or creating the risk of harm to a child that is directly related to an adult caregiver’s ability to provide the “minimum degree of care.” So parents can challenge a claim that they neglected their child by proving that they did, in fact, provide a reasonable degree of care and attempted to give their child an adequate education.

The courts are likely to dismiss a claim of educational neglect if authorities offer no evidence to show that a parent failed to provide their child with the minimum degree of education.

However, if authorities prove that the child did not go to school and the parents cannot prove that they have in fact provided a reasonable degree of care by trying to give the child an adequate education, they could be responsible for educational neglect. If the parent is not trying in every way possible to ensure that their child gets an education, it could be problematic for them.

For example, if a parent claims to home-school their child, but in fact cannot show in a convincing way that they provide regular, appropriate instruction to the child in the home, this state of affairs could show educational neglect. A parent who simply tolerates their child’s truancy and does not respond proactively could have a legal problem.

What Are the Legal Consequences of Educational Neglect in New York?

As noted above, the legal consequences of educational neglect can be serious. Parents can be found responsible for the educational neglect of their child in family court. They could be charged with truancy, which is a criminal offense. They could lose their child custody in a divorce situation or if the child has to be put into foster care.

Do You Need a Lawyer for Educational Neglect Claims in New York?

If you are having trouble getting your child to go to school, you want to talk to a New York child custody lawyer. Your lawyer would be able to explain the complexities of New York law regarding school attendance, truancy and educational neglect.

Your lawyer would be able to guide you to the right steps to take given the facts of your situation, whether that would be seeking the help of a medical professional, psychologist or social worker or filing a PINS petition. It is important to address the problem, both for your child and for you. You can get help for your child from New York social services and protect yourself from trouble with the authorities by talking to a lawyer and taking the right proactive steps.