Apparently, the Regents and NYSED have given itself unfettered authority to strip power and decision making from our elected BOE members at their whim, yet we have a Governor who is presently under investigation for corruption who is permitted to steal money away from public schools unrestrained who we cant seem to get rid of!!!
As you may know, the Regents have power to amend education laws and they do so on an “emergency basis” with alarming regularity.
Well, as the provisions below show, it seems the Regents have presumably given the Commissioner super powers!
SED can remove BOE members under Education Law 306 for wilful conduct or negligence. But, in stunning irony, the same provision gives the public the right to petition to remove BOE members for the same reason!!!
If SED is threatening to remove BOE members who support refusing the common core testing, can parents file 306 petitions to remove BOE members who mislead parents about their right to refuse the test and choose to subject kids to harmful, abusive practices like sit and stare?
Can parents file 306 applications to challenge these draconian policies that harm children? Are these against the law, should they be? Are BOE members, educators and admins who subject students to common core tests and deploy sit and stare in districts being neglectful of their duty to care for students?
Its a stretch. Or is it?
Kudos to Ken Ton BOE for taking a stand, they should be celebrated not threatened!
What SED has failed to mention, is that due process is required to remove a BOE member and they must be given a full and fair opportunity /hearing to challenge their removal (at the districts expense in most cases).
The Commissioner rules says:
“A member of the board may be removed from his or her office pursuant to Education Law §306 when it is proven to the satisfaction of the Commissioner that a board member or the board president has engaged in a willful violation or neglect of duty under the Education Law or has willfully disobeyed a decision, order, rule or regulation of the Board of Regents or the Commissioner of Education.”
In this regard, case law has held “the party seeking to have the individual removed has the burden of demonstrating a clear legal right to the relief requested and the burden of establishing the facts upon which relief is sought.”
Willful conduct is hard to prove, because it is a state of mind. Besides, when a school Board makes a decision based on majority vote, isnt that the epitome of the will of the people and the cornerstone of democracy?
A decision can also be subject to appeal which takes time and money.
That SED is threatening Ken Ton BOE is deplorable!
What about the situation in East Ramapo? That district has been under state investigation and scrutiny for abuse of power for years!!! Given the elected BOE there has been making decisions collectively, SED has had a very hard time removing those BOE members despite the fact that a special monitor investigated and found the BOE members are abusing their power in that case.
Is SED saying that they will come in a strip a school district of its elected BOE members just because they have made a decision that puts the well being of children above the greedy state? Is SED saying that Pearson’s profits come above children and the rights of our duly elected BOE members?
Will SED dare??
Stand down SED.
You have a Tsunami of warrior mommies who disagree with you and are ready to fight the good fight.
This is a revolution.
This is history in the making.
Thanks for being a part of it….
Let’s stop common core.
IT’S TIME FOR THE GLOVES TO COME OFF.
(Guest blog. Anna Shah of @SOTHVNY contributed.)