Appeal of ROZALIA UZILOVA, on behalf of her child, from action of the Board of Education of the East Williston Union Free School District regarding student discipline.

Decision No. 18,524

(November 20, 2024)

Vincent M. Lentini, Esq., attorney for petitioner

Guercio & Guercio, LLP, attorneys for respondent, John P. Sheahan, Esq., of counsel

ROSA., Commissioner.--Petitioner appeals a determination of the Board of Education of the East Williston Union Free School District (“respondent”) to suspend her child (the “student”).  The appeal must be dismissed for improper service.

Section 275.8 (a) of the Commissioner’s regulations requires that the petition be personally served upon each named respondent.  If a school district is named as a respondent, service upon the school district shall be made personally by delivering a copy of the petition to the district clerk, to any trustee or any member of the board of education, to the superintendent of schools, or to a person in the office of the superintendent who has been designated by the board of education to accept service (8 NYCRR 275.8 [a]; Appeal of B.H., 57 Ed Dept Rep, Decision No. 17,246; Appeal of Peterson, 48 id. 530, Decision No. 15,939).

Petitioner attempted to serve respondent by mail, email, and fax.  None of these service methods satisfy the personal service requirement of 8 NYCRR 275.8 (a) (Appeal of Moster and YAFFED, 62 Ed Dept Rep, Decision No. 18,225 Appeal of Y.F., 62 id., Decision No. 18,298; Appeal of Musso, et al., 60 id., Decision No. 17,936).  Therefore, the appeal must be dismissed for improper service (Appeal of S.G., 64 Ed Dept Rep, Decision No. 18,429).

THE APPEAL IS DISMISSED.

END OF FILE