Clinic Students Successfully Advocate for Child’s Right to Enroll in Public School

November 04, 2011

Under the guidance of the Law School’s Child Advocacy Clinic, law students Courtney Morgan, '13, Jason Swinburne ’13 and Joseph Torda ’13 recently experienced the great rewards and sizeable challenges of representing a child in a proceeding against the Commissioner of Education.

Due to difficult family circumstances, their client ―a 10-year-old boy known as T.W.― had moved from his father’s home in South Carolina to live with his paternal aunt, K.J., in New York. When K.J. tried to enroll T.W. in the local public elementary school, he was denied admission for being a non-resident of the school district

The Child Advocacy Clinic’s Professor Jennifer Baum and Supervising Attorney Teresa J. Grogan stepped in to help K.J. prepare an administrative appeal of the residency determination. They also sought temporary school admission for T.W. pending the appeal’s disposition on the merits. However, the Commissioner of Education denied temporary school attendance based on improper service, despite evidence and supporting law to the contrary.

The Clinic students and their advisors pursued Article 78 relief to obtain a Temporary Restraining Order against the Commissioner of Education and the school district, seeking T.W.’s immediate enrollment  in school for the duration of the Article 78 proceeding. Finding that the school district's actions appeared improper, the Article 78 court signed an Order to Show Cause. T.W. started  school four weeks later under court order. 

 “I’m very happy with the outcome,” K.J. said. “The school officials said that most students do not get in from the appeal process and this could be a gateway for future children to be enrolled in school.” T.W., who was very eager to be a student again, said: "I am happy to be in school and would like to thank everyone who helped."

“It feels good to represent someone very deserving of an education, who otherwise would not be able to navigate the system alone." Jason Swinburne said. "I strongly feel that the work we did in this case is what the legal profession is all about ― helping those in need and assisting the public as best we can."