Coon Case

On November 1, 2001, the New York State Department of Social Services (DSS) formally filed charges of educational neglect in the Warren County Family Court against the Coon family for failure to submit paperwork required for homeschooling. This court ordered the Coon's to place their child in either public or private school for one year after which they would be free to resume homeschooling.

On March 14, 2003, the family's lawyer, Tom Marcelle, filed an appeal on behalf of the family, to be heard in June 2003 in the Appellate Division of the Supreme Court. The court was asked to decide whether failure to submit paperwork equals educational neglect. Specifically, "the question before the Court is whether neglect of paperwork standing alone without any proof that {the child’s} education has been neglected constitutes sufficient grounds for D.S.S. to strip the Coons of their constitutional liberty to direct {the child’s} education before trial."

Had the Coon family's appeal prevailed, the precedent would have been established that neglect of paperwork is not proof of educational neglect. School districts would no longer have been able to hotline homeschoolers to the DSS. This is significant in that it would have severely limited the school district's ability to threaten and harass homeschoolers who are providing for their children's education. The full text of the appeal brief has been edited to protect the privacy of the child .

There were three possible outcomes to this appeal. Had the court decided to hear the case and either decided in favor of or against the Coon family, the outcome could have been appealed by either side. Sadly, on June 6th 2003, the New York Supreme Court - Appellate Division decided that the case was moot and chose not to rule on it.

Tom Marcelle has exceeded $20,000 in billable hours and out of pocket expenses. You may support Tom Marcelle's work on behalf of NY homeschooling families by sending donations directly made out to him at:

Tom Marcelle, Attorney at Law
636 Delaware Ave.
Delmar, NY 12054.

(Contributions made directly are not tax-deductible.)

Or, for tax-deductible contributions, checks can be written to the NY Family Policy
Council with "TLC - Tom Marcelle" in the memo section of the check.

Send to:

NYFPC
3 E-Comm Square
Albany, NY 12207.