FIGHTING SCHOOL DISTRICT DECISIONS

Education Law Section 310 provides that persons considering themselves aggrieved by an action taken at a school district meeting or by school authorities may appeal to the Commissioner of Education for a review of such action. In addition, Education Law Section 306 allows the Commissioner of Education to remove a trustee, member of a board of education and certain other school officers for willful misconduct or neglect of duty. Procedures for the presentation and defense of such appeals and for the conduct of proceedings for the removal of school officials are contained in regulations of the Commissioner of Education. Special procedures apply to appeals involving homeless children and youth. Although, once again, I always suggest consulting an attorney, the appeal process is simple and most information can be found on the web. Go to the NYSED Office of Counsel website at http://www.counsel.nysed.gov/appeals/