Labor & Employment Law

Peter And Francesca Gonzalez appealed various actions of and alleged discrimination by the Board of Education of the Middleburgh Central School District, the district?s interim superintendent and other school officials in connection with their daughter?s involvement with the girls? basketball program at Middleburgh. As to the relief sought, the parents, in part, asked the Commissioner to remove or discipline various school staff members.

The Commissioner said that ?To the extent petitioners seek permanent suspension of the coach, the principal and the athletic director, their request is tantamount to a request for removal.? Although Education Law §306 provides the authority for the Commissioner to remove of school officers, the principal, athletic director and coach are district employees, not officers subject to removal under §306, citing the "Appeal of Davis," 37 Ed Dept Rep 17, Decision No. 13, 793.

As to their request that disciplinary action be taken against the board or any individual school official, the Commissioner said that the appeal must be dismissed. It is the board of education that has authority to take disciplinary action against a school district employee. Moreover, a board of education has broad discretion to determine whether disciplinary action against an employee is warranted as long as it has a reasonable basis to support its conclusion.

The Commissioner?s decision is posted on the Internet at:
http://www.counsel.nysed.gov/Decisions/volume48/d15900.htm

Full post as published by New York Public Personnel Law on April 06, 2009 (boomark / email).