The Petitioner filed an appeal with the Commissioner of Education challenging "alleged actions of the president of a school district and other school district employees [Respondents] involving various educational practices. The Commissioner ruled "the appeal must be dismissed for improper service."
The Commissioner explained that §275.8(a) of the Commissioner’s regulations requires that "the petition be personally served upon each named respondent."
Further, noted the Commissioner, if a school district is named as a respondent, service upon the school district is to be made "personally by delivering a copy of the petition to the district clerk, to any trustee or any member of the board of education, to the superintendent of schools, or to a person in the office of the superintendent who has been designated by the board of education to accept service".
In this instance, the Petitioner only served the petition upon the district clerk, but not the individual respondents.
Noting that although a school district clerk may accept service on behalf of a board of education, "the board was not named as a respondent". Accordingly, the Commissioner dismissed the Petitioner's appeal, citing Appeal of Kaufmann, et al., 57 Ed Dept Rep, Decision No. 17,250 and Appeal of Budich and MacDonald, 54 id., Decision No. 16,774.
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