The hoopla and all the commotion Mayor Micheal Bloomberg caused when he hastily appointed Cathleen P. Black the 2nd NYC Schools Chancellor spurred some lawmakers to make changes in the NYS education law granting such a waiver.
Commissioner of Education David M. Steiner expected to grant the waiver to the nearly septuagenarian Mrs. Black on Monday after a compromise many in both the political and legal community viewed as illegal.
Commissioner of Education David M. Steiner expected to grant the waiver to the nearly septuagenarian Mrs. Black on Monday after a compromise many in both the political and legal community viewed as illegal.
The reason is that Mrs. Black does not have the requirements specified in State Education Law 3003(3) and 8 NYCRR Part 80-3.10(b)(3)(iii) that authorizes the Commissioner of Education Steiner to grant a certificate to a candidate "whose exceptional training and experience are the substantial equivalent of such requirements and qualify such persons (s) for the duties of a superintendent of schools."
Mrs. Black, a media mogul, former President of the Hearst Magazines" has "exceptional training and experience" the State Education Law stipulates but it's not in the field of education nor has this experience been in the public sector in a field related to education.
Hence, to say her media/advertising background is "the substantial equivalent of such requirements" to qualify her for "the duties of a superintendent of schools" is not only disingenuous but a violation of the statute.
Some elected officials have publicly announced legal challenges to the waiver Commissioner of Education Steiner plans to issue to Mrs. Black on Monday. It appears they have a case to move forward with a legal challenge to the waiver after it's issued based on State Education Law.
In this case if Mrs. Black issued the waiver a legal challenge might be the only recourse to follow. Therefore, it's up to the courts to interpret the meaning and significance of the statute in light of the candidacy of Mrs. Black if issued a waiver to perform the duties of a Superintendent of Schools in New York State.
The public has the right to know if Mrs. Black's training and experiences in the media are "the substantial equivalent of such requirements to qualify her to perform the duties of the superintendent/chancellor of the NYC Schools. Although the public viewed a redacted copy of her high school and college transcripts as the case potentially moves into the legal arena it must be disclosed along with her resume and all of the information involving this case, including the decision of the eight panelist four voting not to recommend the waiver to the commissioner. Since NYS taxpayers are paying for those "substantially equivalent" training and experience, the public has the right to know exactly how her background complies with the law.
Mrs. Black, a media mogul, former President of the Hearst Magazines" has "exceptional training and experience" the State Education Law stipulates but it's not in the field of education nor has this experience been in the public sector in a field related to education.
Hence, to say her media/advertising background is "the substantial equivalent of such requirements" to qualify her for "the duties of a superintendent of schools" is not only disingenuous but a violation of the statute.
Some elected officials have publicly announced legal challenges to the waiver Commissioner of Education Steiner plans to issue to Mrs. Black on Monday. It appears they have a case to move forward with a legal challenge to the waiver after it's issued based on State Education Law.
In this case if Mrs. Black issued the waiver a legal challenge might be the only recourse to follow. Therefore, it's up to the courts to interpret the meaning and significance of the statute in light of the candidacy of Mrs. Black if issued a waiver to perform the duties of a Superintendent of Schools in New York State.
The public has the right to know if Mrs. Black's training and experiences in the media are "the substantial equivalent of such requirements to qualify her to perform the duties of the superintendent/chancellor of the NYC Schools. Although the public viewed a redacted copy of her high school and college transcripts as the case potentially moves into the legal arena it must be disclosed along with her resume and all of the information involving this case, including the decision of the eight panelist four voting not to recommend the waiver to the commissioner. Since NYS taxpayers are paying for those "substantially equivalent" training and experience, the public has the right to know exactly how her background complies with the law.
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