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August 09, 2013

The Commissioner of Education will not assume jurisdiction of appeals filed by employees in the classified service concerning personnel matters

The Commissioner of Education will not assume jurisdiction of appeals filed by employees in the classified service concerning personnel matters
Decisions of the Commissioner of Education; Decision No. 15,473

An individual employed as an “Aide to Students with Disabilities” by the School District was terminated from his position while still serving as a probationary employee.

Contending that he was dismissed from his employment without receiving training or an evaluation, he filed an appeal with the Commissioner of Education challenging the School District’s action .

The Commissioner dismissed the individual’s appeal for lack of subject matter jurisdiction. He noted that the individual did not claim that his former position was among those certified by the Commissioner of Education as being in the unclassified service. Neither, said the Commissioner did the individual dispute the School District’s assertion that he was an employee in the classified service within the meaning of the Civil Service Law.

The Commissioner said that “It is well settled that the termination of a classified employee is not the proper subject of an Education Law §310 appeal.”

The decision is posted on the Internet at:
http://www.counsel.nysed.gov/Decisions/volume46/d15473.htm
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