Legal

Legal Offices at the DOE

Office of the General Counsel

The Office of the General Counsel (OGC) represents and advises the New York City Department of Education on all legal matters, including general practice issues, labor and employment matters, equal opportunity, employee discipline, special education, administrative/state/federal law and compliance, and commercial transactions.

Office of General Counsel Executive Leadership Team

  • Howard Friedman, General Counsel
  • Adrienne Austin, Chief of Staff
  • Robin Greenfield, Executive Deputy Counsel for Employment and General Practice
  • Charity Guerra, Executive Deputy Counsel for Administrative Trials, Operations and Compliance
  • Judy Nathan, Executive Deputy Counsel for Risk Management and Litigation

Office of the General Counsel Contact Information

212-374-6888
asklegal@schools.nyc.gov

Practice Areas

The Department of Education has attorneys in all five boroughs and expertise in five main practice areas to serve the chancellor, administrators, and teachers who educate and support the City’s over 1.1 million students.

Labor and Employment

Through its units, OGC maintains a full-service labor and employment practice with the goal of protecting the safety of students and employees and the integrity of the DOE. OGC attorneys offer training and counsel to central, field, and school-based staff regarding mandated reporting, human rights laws, grievances, and the disciplinary process, and represent the DOE in administrative proceedings.

Investigations and Administrative Trials

Through its units, OGC investigates allegations of employee misconduct, including verbal/physical abuse, discrimination and sexual harassment. When allegations of misconduct and/or incompetence are substantiated, attorneys pursue disciplinary action.  To learn more about how to file a complaint, please see the sections below on reporting misconduct, sexual harassment and discrimination.

Special Education

Provides representation and counsel to the DOE to ensure that schools are providing special needs students with a free and appropriate education (FAPE). Trains administrators and staff on special education students’ rights, and represents the Department in the impartial hearing process:

General Practice

Through its units OGC, provides the DOE with direct representation and/or counsel in litigation, including appeals. Offers expertise in the drafting of commercial contracts, administrative regulations, and legislation, and responds to inquiries on a wide array of Education Law issues. This group also responds to requests for information from the public under the Freedom of Information Law (FOIL), and processes subpoenas. See the FOIL section, below, for more information.

Audit, Risk-Management, and Compliance Services

A team of professional auditors and compliance officers ensure that the DOE operates in a fiscally responsible manner and in compliance with local, state, and federal regulations.

To report misuse of E-Rate funding please call 1-718-625-2682 or 1-888-203-8100, or visit the universal service administrative company whistleblower webpage.

Freedom of Information Law Requests and Student Records

The Freedom of Information Law (FOIL) enables the public to request access to Department of Education records. All FOIL requests must be made in writing. No particular form or format is required. You can submit a request in writing in one of the following three ways:

By mail:
Records Access Officer
NYC Department of Education
52 Chambers Street, Room 308
New York, NY 10007

By email:
FOIL@schools.nyc.gov

By visiting the Open Records website.

For more information about the Department of Education’s FOIL policy, please read Chancellor’s Regulation D-110:

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Requests for Student Records

If you are a current or former student, or the parent of a current student seeking education records (including transcripts), you do not need to submit a FOIL request, and should contact your/your child’s school directly.

Find Out More

To learn more about how the DOE processes requests for student records, please read Chancellor’s Regulation A-820:

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Reporting Misconduct, Sexual Harassment and Discrimination

The Office of Equal Opportunity (OEO) investigates complaints of discrimination and sexual harassment, and ensures that the DOE complies with related local, state, and federal laws. The Office of Special Investigations (OSI) investigates allegations of improper and unlawful behavior, including corporal punishment and verbal abuse against students, to help ensure a safe and secure learning environment for New York City’s students, staff members, and parents.

For more information about DOE policies on corporal punishment, verbal abuse, sexual harassment and/or discrimination, please read the Chancellor’s Regulations below:

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To file a complaint involving allegations of corporal punishment, verbal abuse, or other misconduct, use the Corporal Punishment and Verbal Abuse Reporting form:

To file a complaint involving allegations of discrimination or sexual harassment, please use the Sexual Harassment/Discrimination Complaint form:

File a fraud, sexual misconduct, or misconduct complaint by contacting the Special Commissioner of Investigation at 212 510-1500 or emailing them at intake@nycsci.org.

If you want to report a different concern or complaint, please refer to the How to File and Appeal or Complaint page:

Chancellor’s Regulations

Almost every decision about how schools function is influenced by federal, state, and local law, court decisions, Chancellor's Regulations, collective bargaining agreements, and administrative policy. This intricate web of rules affects everything from the way we review special education, student discipline, and personnel decisions, to the structure and length of the school day.

The Chancellor of the New York City Department of Education is the leader of the agency and serves as an ex-officio non-voting member of the Panel for Educational Policy (PEP), the thirteen-member body that governs educational policy across the school system. The General Counsel is the legal adviser to the Chancellor and agency, and is responsible for ensuring that DOE staff know the rules and comply with them.

You can read more about the Chancellor’s Regulations and the Panel for Education Policy by following the links below:

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