Appeal to the Commissioner of Education challenging a Board of Education suspending school district employee held untimely

Claiming that she witnessed a district staff member abuse a minor child, Petitioner reported the alleged incident to her supervisor and several other district employees.  Noting that the parties’ versions of events vary, the Commissioner of Education said "it appears that an altercation ensued between [Petitioner] and the principal ... resulted in [Petitioner] being placed on paid leave."* 

Ultimately, the Board of Education [Board] suspended Petitioner's employment by the school district.

Petitioner challenged the Board's action and in her appeal asked the Commissioner to direct the Board "impose a fine, request a written apology, and/or impose discipline upon all district employees to whom the alleged abuse was reported." Additionally Plaintiff asks that the Board be directed to notify the family of the minor child of the alleged abuse.

The Board contended that Petitioner's appeal should be dismissed as [1] untimely and [2] for lack of jurisdiction over the district respondents named by Petitioner. 

On the merits, the Board contends, among other things, that Petitioner has failed to state a claim for which relief may be granted.

The Commissioner first addressed a preliminary matter: Petitioner’s reply to the Board's answer to contains new information and claims that were not raised in the petition.  The Commissioner said the purpose of a reply is to respond to new material or affirmative defenses set forth in an answer and is not meant to buttress allegations in the petition or belatedly add assertions that should have been raised in the petition.

Turning to procedural issues, the Commissioner said the Petitioner's appeal must be dismissed as untimely.  An appeal to the Commissioner must be commenced within 30 days from the decision or act complained of, unless any delay is excused by the Commissioner for good cause shown. Further, the Commissioner noted that "[except] in unusual circumstances, ignorance of the appeal process does not afford a sufficient basis to excuse a delay in commencing an appeal."

In addition, Petitioner raised general assertions of alleged neglect on the part of her attorney in processing her appeal to the Commissioner. The Commissioner opined that this claim concerns an issue of professional responsibility that is outside the scope of an appeal to the Commissioner of Education.

* The district contended that Petitioner had put her hands on the principal and submitted photographic evidence in support of this allegation.

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