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An appeal to the Commissioner of Education must contain a clear statement showing an entitlement to relief and a demand for such relief

An appeal to the Commissioner of Education must contain a clear statement showing an entitlement to relief and a demand for such relief
Appeal of Scott A. Stepien from action of the Board of Education of the Lewiston-Porter Central School District, William H. Arrington, III, and Theresa A. Demers, regarding employment of teachers; Decisions of the Commissioner of Education, Decision No. 15,926

The Lewiston-Porter Central School District had contracted with the United States Air Force to establish an Air Force Junior Reserve Officer Training Corps unit within the district and ultimately appointed two individuals, William H. Arrington, III, and Theresa A. Demers, to serve as aerospace science instructors in the program.

Scott A. Stepien, a member of the Board of Education of the Lewiston-Porter Central School District, claimed that the two individuals were not qualified and asked the Commissioner of Education to review their credentials and to ?void either or both appointments? if the Commissioner found that were not qualified for their respective positions.

The School Board objected, commenting that the two individuals were ?eminently qualified to act as instructors? as both were certified by the Department of the Air Force to teach in an Air Force Junior Reserve Officer Training Corps program and although ?no New York State certification exists for such instructors,? applications pursuant to Commissioner?s Regulation §80-5.6 were then pending with the State Education Department.*

The Commissioner ruled that the appeal must be dismissed as it failed to set out ?a clear and concise statement of [Stepien?s] claim showing that [he] is entitled to relief,? nor did it ?contain a demand for the relief to which [he] deems himself entitled? (see 8 NYCRR §275.10).**

The Commissioner said Stepien, in essence, has asked him to decide whether or not the two individuals should have been hired as instructors in the first instance. Further, Stepien?s application did not allege any wrongdoing on the part of school board nor did it specify in what manner the appointments challenged were improper.

The Commissioner also commented on the ?discord which appears to prevail in the board of education of this district,? observing that ?This is the sixth appeal from this district in less than 15 months? and speculated that the ?members of this board may be more interested in suing each other and pursuing old grudges than they are in managing the school district in a proper and efficient manner.?

Characterizing this appeal as ?particularly egregious,? the Commissioner said that ?Mr. Stepien, an attorney admitted to practice in this State for 15 years, clearly had no serious reason to bring this appeal. If I had the authority to impose sanctions, I would seriously consider doing so.?

* During the pendency of the appeal, the Office of Teaching Initiatives of the State Education Department issued visiting lecturer licenses to both appointees for the 2008-2009 school year pursuant to Commissioner?s Regulation §80-5.6.

** In a §310 appeal to the Commissioner, the petitioner has the burden of demonstrating a clear legal right to the relief requested and the burden of establishing the facts upon which the petitioner seeks relief.

The text of the decision is posted on the Internet at:
http://www.counsel.nysed.gov/Decisions/volume48/d15926.htm

Full post as published by New York Public Personnel Law on June 19, 2009 (boomark / email).