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.