New York State's Commissioner of Education lacks jurisdiction to adjudicate a decision issued by the Department's Chief Privacy Officer alleged to be arbitrary and capricious
New York State's Commissioner of Education Dr. Betty A. Rosa dismissed the Petitioner's appeal challenging a decision by the Chief Privacy Officer of the New York State Education Department explaining that she lacked jurisdiction to consider the matter.
Citing a number of earlier rulings by New York State Commissioners of Education, Commissioner Rosa explained that "[it] is well settled that Education Law §310 does not authorize an appeal to the Commissioner from actions taken by employees or officers of the New York State Department of Education.
Dr. Rosa noted that such actions may be challenged in a proceeding brought in a court of competent jurisdiction pursuant to Article 78 of New York State's Civil Practice Law and Rules. Accordingly, Commissioner Rosa opined that she lacked jurisdiction to consider the Petitioner’s request for a declaratory judgment that NYSED’s Chief Privacy Officer’s decision was arbitrary and capricious.
The Commissioner also observed that the Petitioner’s request for declaratory relief with respect to Chief Privacy Officer decision was likewise outside the scope of an appeal pursuant to Education Law §310, citing Appeal of M.C. and T.H., 64 Ed Dept Rep, Decision No. 18,550; Appeal of M.E., 62 id., Decision No. 18,245; Appeal of He, 57 id., Decision No. 17,299.
Click HERE to access the Commissioner's decision posted on the Internet.
Editor in Chief Harvey Randall served as Director of Personnel, State University of New York Central Administration; Director of Research, Governor's Office of Employee Relations; Principal Attorney, Counsel's Office, New York State Department of Civil Service; and Colonel, JAG, Command Headquarters, 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.
CAUTION
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.
THE MATERIAL ON THIS WEBSITE IS FOR INFORMATION ONLY. AGAIN, CHANGES IN LAWS, RULES, REGULATIONS AND NEW COURT AND ADMINISTRATIVE DECISIONS MAY AFFECT THE ACCURACY OF THE INFORMATION PROVIDED IN THIS LAWBLOG. THE MATERIAL PRESENTED IS NOT LEGAL ADVICE AND THE USE OF ANY MATERIAL POSTED ON THIS WEBSITE, OR CORRESPONDENCE CONCERNING SUCH MATERIAL, DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP.
New York Public Personnel Law.
Email: publications@nycap.rr.com