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Decision No. 18,389

Appeal of C.A., on behalf of her child, from action of the Board of Education of the Sweet Home Central School District regarding student discipline.

Decision No. 18,389

(March 18, 2024)

Harris Beach, PLLC, attorneys for respondent, Tracie L. Lopardi, Esq., of counsel

ROSA., Commissioner.--Petitioner appeals the decision of the Board of Education of the Sweet Home Central School District (“respondent”) to impose discipline upon 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).

Here, petitioner made service upon an employee of the school district, the director of human resources, who was not authorized to accept service on respondent’s behalf.  Petitioner submits no reply or evidence that she served an individual so authorized.  Accordingly, the appeal must be dismissed (Appeal of T.A., 63 Ed Dept Rep, Decision No. 18,367; Appeal of N.L., 62 id., Decision No. 18,164).

In light of this disposition, I need not address the parties’ remaining contentions.