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Budget difficulties may result in school districts considering school consolidations and staff layoffs

Budget difficulties may result in school districts considering school consolidations and staff layoffs
Source: Newspaper reports

It is expected that decisions involving school consolidations and closings and the layoff of personnel by school boards will be contested via an appeal to the Commissioner of Education.

When considering such appeals in the past, the Commissioner has opined:

1. Education Law §1709(33) authorizes a board of education to manage and administer the affairs of the school district, including the assignment of pupils to schools therein (Matter of Older, et al. v. Board of Education, 27 NY2d 33. Further, a board of education has broad discretion in its assignment of pupils to schools (Matter of Addabbo v. Donovan, 22 AD2d 383, aff'd 16 NY2d 619, cert den 382 US 905).

2. A board?s decision to reorganize its schools will not be overturned by the Commissioner of Education unless it is arbitrary, capricious or contrary to sound educational policy.

3. School closings and consolidations are difficult for any community. However, a board of education is charged with making those difficult decisions. While there may be disagreement with the basis for a school board?s decision, the decision will be affirmed unless the record does support a finding that its decision was arbitrary and capricious. [Decisions of the Commissioner of Education 16,016].

4. In an appeal to the Commissioner, the petitioner has the burden of demonstrating a clear legal right to the relief requested and the burden of establishing the facts upon which petitioner seeks relief.

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If you are interested in learning more about layoff procedures involving educators and other employees in the public service in New York State please click here: http://nylayoff.blogspot.com/
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Full post as published by New York Public Personnel Law on April 19, 2010 (boomark / email).