When the DOE Violates the Law: What Parents & Communities Can Do
School closures, budget cuts, and sudden DOE decisions can disrupt learning and destabilize entire communities. Many of these actions are not only harmful — they are unlawful.
This guide explains several common DOE violations, how New York courts have responded, and what families can do when their schools and communities are threatened.
Is Your School Facing Closure?
Before the DOE can close or restructure a school, it must follow specific legal procedures required under New York Education Law. When the DOE skips these steps, parents and communities can challenge the decision.
Common legal violations include:
Missing Community Education Council approval
Inadequate Educational Impact Statements
Improper co-location decisions
Failure to follow statutory procedures
Arbitrary or unsupported restructuring
PS 25 Eubie Blake Academy — School Closure Blocked
Why this mattered: PS 25 was one of the highest-performing schools in Brooklyn, serving predominantly low-income students and students of color. The DOE attempted to close it despite strong performance data.
Key facts:
2nd highest-performing elementary school in Brooklyn
4th highest-performing in all of NYC
DOE attempted closure despite high achievement
Result: A Temporary Restraining Order stopped the closure
Has the DOE Cut Your School’s Budget? Its action may be illegal.
Budget reductions must follow specific procedures. When the City votes in the wrong order or fails to comply with state law, those budget cuts may be overturned.
Tucker v. City of New York
DOE enacted $469 million in unlawful education cuts
City Council voted in the wrong sequence, violating state law
Court granted a Temporary Restraining Order
Appellate Division affirmed the violation
Key precedent: DOE must follow statutory budgeting procedures
Is the DOE Shutting Parents Out of Decision-Making?
Parents have a legal right to transparency in governance, including access to School Leadership Team (SLT) meetings and decision-making processes affecting their children.
Thomas v. NYC Board of Education
SLTs were holding meetings behind closed doors
Parents were excluded from decisions
Litigation established parents’ constitutional right of access
Court reinforced transparency and public governance requirements
Did the DOE Violate State Education Law? (Commissioner’s Appeals)
Parents may challenge unlawful DOE decisions directly through the New York State Education Commissioner. These appeals are often faster and less expensive than litigation.
Issues commonly overturned in Commissioner’s Appeals:
Violations of NY Education Law
Unauthorized online instruction
Improper student placements
Procedural violations affecting families
Frequently Asked Questions
When should parents contact an education lawyer?
As soon as you learn your school may be closed, your budget cut, or a DOE policy is harming students. Early intervention often leads to better outcomes.
Can a school closure really be stopped?
Yes. Courts have issued Temporary Restraining Orders when the DOE fails to follow required procedures — as in the PS 25 case.
What is a Commissioner’s Appeal?
A Commissioner’s Appeal is an administrative challenge filed with the NY State Education Commissioner. It can overturn unlawful DOE decisions and force compliance.
Need Legal Help?
If the DOE is closing your school, cutting your budget, or violating state law, the Law Office of Laura D. Barbieri, PLLC may be able to help and quickly intervene.
