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Decision No. 13,293

Appeal of JOSEPH M. VITO from action of the Board of Education of the Roosevelt Union Free School District and Leon Knight regarding the appointment of a football coach.

Decision No. 13,293

(December 1, 1994)

Dunn and Smith, Esqs., attorneys for respondent board of education, Oliver A. Smith, Esq., of counsel

SOBOL, Commissioner.--Petitioner appeals the decision of the Board of Education of the Roosevelt Union Free School District ("respondent board") to appoint Leon Knight as the varsity football coach for the fall 1994 season. The appeal must be dismissed.

Petitioner was the varsity football coach during the 1992 and 1993 seasons. On August 10, 1994, respondent board appointed Leon Knight varsity football coach to serve in the autumn of 1994. Petitioner commenced this appeal on August 30, 1994.

Petitioner contends that respondent board violated 8 NYCRR 135.4(c)(7)(i)(c) by appointing an individual who is not a certified physical education teacher to serve as a coach. In an appeal to the Commissioner of Education, the petitioner has the burden of establishing the facts upon which he or she seeks relief (8 NYCRR 275.10; Appeal of Gloria C., 32 Ed Dept Rep 664; Appeal of Negrin, 29 id. 484). Section 135.4(c)(7)(i)(c) of the Commissioner's regulations authorizes a board of education to select as a coach either a certified physical education teacher or a certified teacher who has completed first aid certification and has also completed or will soon complete an education program for coaches [See 8 NYCRR 135.4(c)(7)(i)(c)(2)]. While petitioner alleges that Mr. Knight is not a certified physical education teacher, he does not allege that Mr. Knight is not a certified teacher eligible to coach a sport pursuant to 8 NYCRR 135.4(c)(7)(i)(c)(2). In view of petitioner's failure to allege that Mr. Knight is not a certified teacher qualified to coach pursuant to '135.4(c)(7)(i)(c)(2), petitioner has not met his burden of proof that respondent board acted improperly when it appointed Mr. Knight as the varsity football coach. Accordingly, the appeal is dismissed.

THE APPEAL IS DISMISSED.

END OF FILE