Decision No. 13,515
Application to reopen the appeal of the COUNCIL OF SUPERVISORS AND ADMINISTRATORS from action of the Board of Education of the City School District of the City of New York and Ramon Cortines, regarding hiring a chief attendance officer.
Decision No. 13,515
(November 15, 1995)
Bruce Bryant, Esq., Council of Supervisors and Administrators, attorney for petitioner
Paul A. Crotty, Esq., Corporation Counsel, attorney for respondents, Lawrence E. Becker, of counsel
MILLS, Commissioner.--Respondents New York City Board of Education and its Chancellor seek to reopen Appeal of Council of Supervisors and Administrators, et al., 35 Ed Dept Rep 33, which sustained an appeal by the Council of Supervisors and Administrators challenging respondents' failure to hire a chief attendance officer. This application must be denied.
In the decision which respondents seek to reopen, Acting Commissioner Thomas Sheldon found that respondents were not in compliance with Education Law '2573 as a result of their failure to fill a vacancy in the position of chief school officer by January 1993. Respondents seek to reopen this decision because Chapter 82 of the Laws of 1995 repealed Education Law '2570, thereby eliminating the position of chief attendance officer.
The Regulations of the Commissioner of Education provide that any party to an appeal may apply for a reopening of a decision within 30 days after the date of a decision (Commissioner's Regulation '276.8(a); Application to Reopen the Appeal of a Child Suspected of Having a Handicapping Condition, 31 Ed Dept Rep 197; Application to Reopen the appeal of the Board of Education of the Monroe-Woodbury Central School District, 28 id. 115). The decision which respondents seek to reopen was decided on July 17, 1995. Respondents commenced this application to reopen on September 12, 1995, more than 30 days after the date of the Acting Commissioner's decision. Respondents offer no excuse for this delay. Accordingly, I find the application untimely.
I note that Chapter 82 of the Laws of 1995 repeals Education Law '2570, thereby eliminating the Bureau of Compulsory Education which includes the position of chief attendance officer. Accordingly, respondent is relieved of its duty to comply with the decision in Appeal of Council of Supervisors and Administrators, et al., supra.
THE APPLICATION IS DENIED.
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