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Sep 8, 2026

Election of remedies

Plaintiff, a parent of children attending the School District's schools, appealed a determination of the School District's Board of Education [Respondent] with the Commissioner of Education after being informed "that he would be banned from all district property and that any emails sent to district staff would be blocked through June 30, 2026".  

Plaintiff argued that the Respondent’s limitations on his access to school property was arbitrary and capricious because his conduct was neither disruptive nor abusive and violated his First Amendment and due process rights. 

Respondent contended that Plaintiff had violated its code of conduct and that its "temporary restrictions were necessary given [Plaintiff's] aggressive and inappropriate conduct".

Commissioner of Education Rosa, decided that Plaintiff's appeal to the Commissioner must be dismissed in consideration of the doctrine of election of remedies, noting that Plaintiff had filed a law suit in Supreme Court on March 10, 2026 against the  Respondent concerning the same issues and seeking similar relief.  

Noting that the action in Supreme Court "remains pending," the Commissioner said that "Under these circumstances, it would be contrary to the orderly administration of justice for the Commissioner to decide claims that [Petitioner] has elected to raise in court, particularly where that proceeding seeks the same or similar relief".

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.

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