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 is being 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."

There are three possible outcomes to this appeal. If the court decides to hear the case and either decides in favor of or against the Coon family, the outcome could still be appealed by either side. The third possibility is that the court could decide that the case is moot, since any decision would have no affect on the family by the time it is rendered (The Family Court order expires in April 2004).

Should the Coon family's appeal prevail, the precedent would be established that neglect of paperwork is not proof of educational neglect. School districts would no longer be able to hotline homeschoolers to the DSS. This is significant in that it would severely limit the school district's ability to threaten and harass homeschoolers who are providing for their children's education. Click here for the full text of the appeal brief (edited to protect the privacy of the child) .

The Coon family appeal to the New York Supreme Court - Appellate Division will be held on Friday June 6th at 10:00 AM in the Justice Building on State Street in Albany, NY just below the plaza and across from the legislature. It is open to the public. All are encouraged to attend.

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.