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.