Some technical issues to consider in filing an Education Law §310 appeal to the Commissioner of Education
1. Alleged violations of the Open Meetings Law may not be adjudicated in an
appeal pursuant to Education Law §310 as the Commissioner of Education lacks jurisdiction
to address the Open Meetings Law allegations raised in such an appeal.
2. Any deficiency in joining a necessary party may be cured during the
pendency of the appeal by the joinder of the necessary party.
3. The services of a probationary teacher may be discontinued at any time
during the probationary period unless the teacher shows that a board terminated
service for a constitutionally impermissible purpose, in violation of a
statutory proscription, or in bad faith, and the record of the instant appeal
"supports a finding that petitioner’s probationary appointment was
discontinued in bad faith."
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to access the Commissioner's decision.
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Subsequent court and administrative rulings, or changes to laws, rules and regulations may have modified or clarified or vacated or reversed the information and, or, decisions summarized in NYPPL.
For example, New York State Department of Civil Service's Advisory Memorandum 24-08 reflects changes required as the result of certain amendments to §72 of the New York State Civil Service Law to take effect January 1, 2025 [See Chapter 306 of the Laws of 2024]. Advisory Memorandum 24-08 in PDF format is posted on the Internet at https://www.cs.ny.gov/ssd/pdf/AM24-08Combined.pdf.
Accordingly, the information and case summaries should be Shepardized® or otherwise checked to make certain that the most recent information is being considered by the reader.
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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.
New York Public Personnel Law.
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