Complex decision of the Commissioner of Education addresses many procedural and substantive issues requiring its reproduction in its entirety

Appeal of JANE DOE from action of the Board of Education of the Port Byron Central School District regarding a personnel action.Decision of the Commissioner of Education, Decision No. 17,627Elia, Commissioner.–Petitioner challenges her teaching assignment to seven periods of in-school suspension (“ISS”) by the Board of Education of the Port Byron Central School District (“respondent”).[1]  The appeal must be dismissed.Petitioner is a tenured teacher within respondent’s district.  Petitioner was granted tenure in the mathematics tenure area, effective September 1, 2006.  Prior to the events described in this appeal, petitioner provided direct instruction in mathematics at respondent’s Junior-Senior High School (“high school”).  Respondent’s superintendent alleges that, due to “complaints and questions concerning…

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