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August 06, 2011

An alternative to a principal for each school


An alternative to a principal for each school
Matter of Mennella, Decisions of the Commissioner of Education #10851

Although the Regulations of the Commissioner of Education provide that each school in a District shall have a qualified principal assigned to it, waivers may be obtained (8 NYCRR 100.3).

An example of this is found in the Commissioner’s decision in Mennella.

One issue in this appeal to the Commissioner of Education was Mennella’s attempt to obtain an order to restore funds for an abolished position of principal. The District had decided to administer its two smallest elementary schools by assigning one principal and two assistant principals to them.

The Commissioner rejected the claim that the District could not do so, noting the he had earlier granted the District the required exemption. Both of the Assistant Principals held valid elementary principal certificates and were qualified to perform the duties assigned to them according to the determination.

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NYPPL Blogger Harvey Randall served as Principal Attorney, New York State Department of Civil Service; Director of Personnel, SUNY Central Administration; Director of Research, Governor’s Office of Employee Relations; and Staff Judge Advocate General, New York Guard. Consistent with the Declaration of Principles jointly adopted by a Committee of the American Bar Association and a Committee of Publishers and Associations, the material posted to this blog is presented with the understanding that neither the publisher nor NYPPL and, or, its staff and contributors are providing legal advice to the reader and in the event legal or other expert assistance is needed, the reader is urged to seek such advice from a knowledgeable professional.
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