Appeal to the Commissioner of Education, Decision No. 16,455
According to the decision, the petition submitted in thisappeal to the Commissioner of Education consisted of a request for aninvestigation. Included with the petition were various exhibits such as “a collection of letters,emails, Facebook postings, petitions, and questions presented to the [school] board.”
Initially the Commissioner noted that a petition mustcontain “a clear and concise statement of the petitioner’s claim showing thatthe petitioner is entitled to relief, and shall further contain a demand forthe relief to which the petitioner deems himself [or herself] entitled,” citing 8 NYCRR §275.10.
Further, cautioned the Commissioner, the statement must be sufficiently clear to advisea respondent of the nature of petitioner’s claim and of the specific act oracts complained of. In the event a petition fails to state acomprehensible claim and fails to identify the specific remedy sought, it willbe dismissed
In the event a petitioner is not represented by counsel the Commissioner noted that “a liberal interpretation of thisregulation is appropriate absent prejudice to the opposing party.
The Commissioner however dismissed this appeal as untimely.Although the petitioner conceded that she had not filed the appeal within 30days from the making of the decision or the performance of the act complainedof, she asked the Commissioner to excuse her delay contending that “she couldnot gather documents needed to file her appeal.”
While a delay may be excused by the Commissioner “for goodcause shown,” in this instance the Commissioner said that he found “no basis to excuse petitioner’s delay”and ruled that the appeal must be dismissed as untimely.
Commenting on the relief sought, the Commissioner commentedthat the only relief the petitioner sought was an investigation into the school board's and certain administrators' alleged “inappropriate decisions, actions, and lack of leadership and accountability....”
However, an appeal to the Commissioner is appellate innature and does not provide for investigations. Accordingly it appears that even hadthis appeal been timely filed, it would have been dismissed because, in thewords of the Commissioner, “the sole relief sought by petitioner is beyond theauthority of the Commissioner to grant."
The decision is posted on the Internet at:http://www.counsel.nysed.gov/Decisions/volume52/d16455.html
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