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Decision No. 12,694

Appeal of LOLA MYRON from action of the Board of Education of the Hicksville Union Free School District regarding employment of library media specialists.

Decision No. 12,694

(April 30, 1992)

Gregory J. Guercio, Esq., attorney for respondent, Gary L. Steffanetta, Esq., of counsel

SOBOL, Commissioner.--Petitioner appeals from the decision of the Board of Education of the Hicksville Union Free School District to abolish a teaching position in the district. The appeal must be dismissed.

For a number of years, respondent had employed two full-time school library media specialists at its high school. After one of the library media specialists retired, respondent voted to abolish one library media specialist position, effective November 26, 1991. Petitioner claims that that action violated "91.2 of the Regulations of the Commissioner of Education. Section 91.2 provides:

Each school district shall employ a certified school library media specialist, unless equivalent service is provided by an alternative arrangement approved by the commissioner, in accordance with the following standards:

...

(e) In a secondary school with an enrollment of more than 700 but less than 1,000 pupils, a certified school library media specialist shall devote the entire school day to school library work.

(f) One additional full-time assistant certified school library media specialist shall be employed in each secondary school for each additional 1,000 pupils enrolled in such school.

Since the current enrollment at the Hicksville High School is between 1,400 and 1,500 students, petitioner contends that "91.2(f) requires respondent to employ two full-time library media specialists. Petitioner is mistaken in that contention.

Section 91.2(f) requires that an additional library media specialist be employed for "each additional 1,000 pupils enrolled." Accordingly, a board of education is not required to employ another full-time specialist in a secondary school until such time as an additional 1,000 students i.e. 2,000 students, are enrolled in that school. The language of that regulation does not state that an additional specialist must be employed for each additional 1,000 students "or portion thereof," but only requires that an additional specialist be hired when enrollment reaches 2,000 students.

THE APPEAL IS DISMISSED.

END OF FILE