August 12, 2022

Standing to appeal a New York State school board's decision to abolish positions in the school district to the Commissioner of Education

After the school district's Board of Education voted to abolish a number of positions a resident [Petitioner] in the school district appealed Board's decision abolishing the position, among other things, to the Commissioner of Education, Betty A. Rosa. With respect to the abolishment of the positions at issue, Petition contended that the elimination of the positions was not in the best interests of students or taxpayers.  

Commissioner Rosa held that Petitioner’s claims concerning the abolition of the positions "must be dismissed for lack of standing." explaining an individual may not maintain an appeal pursuant to Education Law §310 unless aggrieved in the sense that he or she has suffered personal damage or injury to his or her civil, personal, or property rights. In other words, the Commissioner opined that "[o]nly an individual who is directly affected by an action has standing to commence an appeal therefrom, citing Appeal of Abitbol, 57 Ed Dept Rep, Decision No. 17,333 and Appeal of Waechter, 48 id. 261, Decision No. 15,853.

Further, said Dr. Rosa, "Petitioner lacks standing to assert the rights of the employees whose positions were abolished" and merely residing within a school district does not, in and of itself, confer standing to challenge a board of education’s actions concerning its employees.

Click HERE to access the Commissioner's decision posted on the Internet.

 

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