The New York State Commissioner of Education recently dismissed an appeal filed against a school district by six individuals (including community members, parents and a former teacher), seeking removal of the Superintendent and all members of the Board of Education. The Commissioner denied the application for removal due to lack of proper notice to the respondents. The Commissioner also issued a certification of good faith, confirming that the Superintendent and Board members did not act in bad faith, and that they should be indemnified for costs incurred in defending the action. Webster Szanyi Partner Marnie Smith represented the school district respondents in this matter and Rupp Baase Pfalzgraf Cunningham LLC represented the petitioners. The full decision is available: http://www.counsel.nysed.gov/Decisions/volume62/d18201.
