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Decision No. 18,392

Appeal of N.N., on behalf of her children, from action of the Board of Education of the Shenendehowa Central School District regarding student discipline.

Decision No. 18,392

(March 19, 2024)

Honeywell Law Firm, PLLC, attorneys for respondent, Lauren McCluskey, Esq., of counsel

ROSA., Commissioner.--Petitioner appeals the decision of the Board of Education of the Shenendehowa Central School District (“respondent”) to impose discipline upon her children (the “students”).  The appeal must be dismissed for lack of 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).

The petition in this appeal, which suffers from multiple procedural defects, was never served on respondent in accordance with section 275.8(a) of the Commissioner’s regulations.  Accordingly, the appeal must be dismissed (Appeal of Y.F., 62 Ed Dept Rep, Decision No. 18,298; Appeal of M.C., 61 id., Decision No. 18,087).

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