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Decision No. 16,440

Appeal of KANDISE KING from action of the New York State Education Department regarding teacher certification.

Decision No. 16,440

(December 27, 2012)

KING, JR., Commissioner.--Petitioner appeals a determination of the New York State Education Department Office of Teaching Initiatives that she is not eligible for a permanent teaching certificate.  The appeal must be dismissed.

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 Associates for Bilingual Child Development, Inc., 51 Ed Dept Rep, Decision No. 16,366; Appeal of the Castleton Public Library, 49 id. 305, Decision No. 16,035; Appeal of the School for Language and Communication Development, 46 id. 536, Decision No. 15,586).  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.  Therefore, I lack jurisdiction over the claims raised in petitioner’s appeal.