New York Public Personnel Law: An alternative to a principal for each school

July 24, 2013

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 Number 10851

Although the Regulations of the Commissioner of Education provide that each school in a District shall have assigned to it a qualified principal, waivers from that requirement may be obtained under appropriate circumstances.*

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

One issue involved Mennella's seeking 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 Mennella's claim that the District could not do so, noting that earlier the District had been granted the required exemption each school have a principal. The Commissioner also noted that the assistant principals involved held valid elementary principal certificates and were qualified to perform the duties assigned to them.

* 8 NYCRR 100.2(a), addressing the administration of elementary and secondary schools, provides, in pertinent part, as follows: “The board of education of each school district shall employ and assign to each school under its supervision a full-time principal holding the appropriate certification as required pursuant to section 80.4(b) of this Title. Upon the submission of evidence that there are circumstances which do not justify the assignment of a principal to a particular school, or that another mode of building administration would be more effective, the commissioner may approve an alternative mode of building administration.”

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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.