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Commissioner of Education lacks jurisdiction to consider §310 appeals challenging administrative determinations of Education Department administrators

Commissioner of Education lacks jurisdiction to consider §310 appeals challenging administrative determinations of Education Department administrators
Matter of the Castleton Public Library, Decisions of the Commissioner Number 16035

The Castleton Public Library appealed a determination of the New York State Education Department and the New York State Library that it was formed to serve the people of the Village of Castleton and that only residents of the Village are eligible to serve on the Board of Library Trustees.

The Commissioner dismissed the Library?s appeal ?for lack of jurisdiction.?

?It is well settled?, said the Commissioner, ?that Education Law §310 does not authorize an appeal to the Commissioner from actions taken by members of the staff of the State Education Department?

The appropriate procedure to challenge such determinations is via filing a petition in a court of competent jurisdiction pursuant to Article 78 of the Civil Practice Law and Rules.

Full post as published by New York Public Personnel Law on April 06, 2010 (boomark / email).