Labor & Employment Law

Appeal of T.W. from action of the Board of Education of the Naples Central School District filing disciplinary charges against him

By Harvey Randall, Esq.

Appeal of T.W. from action of the Board of Education of the Naples Central School District filing disciplinary charges against him
Decisions of the Commissioner of Education No. 15,735

On September 27, 2007, the Board of Education of the Naples Central School District served five disciplinary charges on T.W. pursuant to Section 3020-a of the Education Law. T.W. appealed, contending that the charges as served on him did not comply with Education Law §3020-a and §82-1.3(b) of the Commissioner?s regulations because they did not include a record of the votes of the board as to each of the five charges, as required by the regulation.

The Commissioner dismissed the appeal on the grounds that he lacked jurisdiction to consider T.W.?s appeal.

Pointing out that ?Education Law §3020-a was substantially amended by Chapter 691, §3, of the Laws of 1994,? the Commissioner said that he no longer had jurisdiction to consider appeals related to Section 3020-a disciplinary charges filed on and after September 1, 1994. Such authority, he said, is now vested in the Section 3020-a hearing officers, who are authorized to hear and decide all motions, including, but not limited to, motions to dismiss disciplinary charges (see Education Law §3020-a[3][c][iii] and [iv]).

Full post as published by New York Public Personnel Law on April 23, 2008 (boomark / email).