Home -> Law Blog Directory -> Labor & Employment Law Blogs -> New York Public Personnel Law

Labor & Employment Law

: New York Public Personnel Law

In contrast to removing a school official, the Commissioner of Education does not have the authority to direct the removal of a school employee

In contrast to removing a school official, the Commissioner of Education does not have the authority to direct the removal of a school employee
Parent of Student v East Meadow UFSD, Commissioner of Education Decision 15,907

The parents of a student at East Meadow UFSD asked the Commissioner to remove two school employees from their respective positions for alleged ?willful misconduct and neglect of duty.?

The Commissioner dismissed the appeal with respect to one individual because he was not a ?trustee, member of a board of education, clerk, collector, treasurer, district superintendent, superintendent of schools, or other school officer.? Although Education Law §306 authorizes the Commissioner to remove incumbents, the individual the parent sought to have removed was ?a district employee, not a school officer subject to removal under §306.?

As to the second individual, presumably a person subject to removal by the Commissioner pursuant to Education Law §306, the Commissioner noted that the individual [nor the other individual involved] had not been served with the notice of petition and petition and ?thus was not informed that he or she should respond to the petition and enter a defense.?

Joinder, said the Commissioner, requires that an individual be clearly named as a respondent in the caption and served with a copy of the notice of petition and petition.

The decision is posted on the Internet at:http://www.counsel.nysed.gov/Decisions/volume48/d15907.htm

Full post as published by New York Public Personnel Law on April 14, 2009 (boomark / email).