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September 23, 2013

The Commissioner of Education does not provide an “advisory opinion” in adjudicating an appeal filed pursuant §310 of the Education Law


The Commissioner of Education does not provide an “advisory opinion” in adjudicating an appeal filed pursuant §310 of the Education Law
Decisions of the Commissioner of Education, Decision No. 16,551

In this appeal the educator alleged that the school district had assigned her to a tenure area without her consent.

Citing Appeal of Vuoto, 44 Ed Dept Rep 251, [Decision No. 15,163], the Commissioner dismissed the educator's complaint explaining that essentially the educator sought an advisory opinion concerning her seniority status and that such “relief that is unavailable in an Education Law §310 appeal.”

However, said the Commissioner, his dismissal of the educator’s appeal was “without prejudice to any future application for similar relief should [the educator] hereafter become actually aggrieved within the purview of Education Law §310.”

The decision is posted on the Internet at:
http://www.counsel.nysed.gov/Decisions/volume53/documents/d16551.pdf
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