September 09, 2010

School district advised to comply with the Commissioner’s regulations as to staffing or obtain approval for an alternate staffing arrangement

School district advised to comply with the Commissioner’s regulations as to staffing or obtain approval for an alternate staffing arrangement
Sharon Kennedy-Frost And United Federation Of Teachers, Local 2, American Federation Of Teachers, AFL-CIO, Decisions of the Commissioner of Education 16,130

A number of a library media specialist [LMS] employed by the New York City Department of Education and their collective bargaining representative contended that the Department failed to comply with the staffing requirements set forth in §91.2 of the Commissioner’s regulations.

The Department’s defense: it was in “substantial compliance with the regulation” and thus its actions were legal, proper, and reasonable.

However, said the Commissioner, the Department admitted to being only “substantial” compliance with the regulation and the record reflects that they have failed to staff certain secondary schools with the required number of personnel or provide an alternative staffing arrangement approved by the Commissioner. The Commissioner then “advised” the Department to either [1] staff its schools appropriately or [2] obtain the Commissioner’s approval for an alternate arrangement as provided in §91.2 of the Commissioner’s regulations.

The Commissioner’s decision is posted on the Internet at:
http://www.counsel.nysed.gov/Decisions/volume50/d16130.htm
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