Appeal of a STUDENT WITH A DISABILITY, by his parent, from action of the New York State Education Department regarding a complaint against the Board of Education of the Springville-Griffith Institute Central School District.

Decision No. 15,429

(August 1, 2006)

Hodgson, Russ LLP attorneys for respondent, Jeffrey J. Weiss, Esq., of counsel

MILLS, Commissioner.--Petitioner challenges a determination made by an employee of the State Education Department (SED) in resolution of a complaint against the Board of Education of the Springville-Griffith Institute Central School District (“Board”).  The appeal must be dismissed.

By letter dated October 21, 2005, petitioner complained to SED’s Office of Vocational Education Services for Individuals with Disabilities (VESID) that the Board failed to implement a portion of an impartial hearing officer’s (IHO’s) decision.  By letter dated December 14, 2005, an SED employee advised petitioner of VESID’s findings and required the Board to implement a compliance assurance plan (“CAP”).  This appeal ensued.  Petitioner’s request for interim relief was denied on February 21, 2006.  While the appeal was pending, the Board documented its compliance with the CAP, and VESID confirmed by letter dated April 14, 2006 that the complaint was fully resolved.

The appeal must be dismissed for lack of jurisdiction.  It is well settled 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 (Appeal of New York Institute of Massage, Inc., 45 Ed Dept Rep 495, Decision No. 15,391; Appeal of Karpen, 40 id. 199, Decision No. 14,440; Appeal of Hebrew Institure for the Deaf and Exceptional Children, 38 id. 344, Decision No. 14,050).  Such actions can only be challenged in a proceeding brought in a court of competent jurisdiction pursuant to Article 78 of the Civil Practice Law and Rules.

THE APPEAL IS DISMISSED.

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