The Commissioner of Education dismissed Petitioner's appeal involving proposed major reorganizational changes of the school district for a procedural reason: the lack of "proper verification of the petition".
The Commissioner citied 8 NYCRR 275.5 of the Commissioner’s regulations which requires that all pleadings in an appeal to the Commissioner must be verified "by the oath of at least one of the petitioners”.
In the instant appeal counsel for the Petitioners had verified the petition, indicating that “all petitioners reside outside the county in which” their attorney’s offices are located. The Commissioner, observing that Petitioners' counsel was not a petitioner in this appeal, ruled the Commissioner the affidavit of verification did not satisfy the requirements of 8 NYCRR 275.5 and thus the appeal must be dismissed.
The Commissioner then indicated that "Even if not dismissed on this procedural ground, the appeal would be dismissed on the merits".
Citing a number of earlier Decisions of the Commissioner of Education, the Commissioner opined that a board of education has the authority and responsibility to manage and administer the affairs of the school district, including the assignment of pupils to schools and in such cases a school board’s discretion is broad and decisions regarding school district reorganization will only be set aside if they are arbitrary or capricious.
Further, the decision noted that with respect to an appeal the Commissioner "a petitioner has the burden of demonstrating a clear legal right to the relief requested and establishing the facts upon which he or she seeks relief".
Click HERE to access the Commissioner's decision posted on the Internet.