Justice Cynthia Kern
Tenured science teacher Portelos sought to challenged the Board of Education’s (BoE) decision prohibiting him from attending and participating in monthly School Leadership Team (SLT) meetings held at Intermediate School 49 (IS 49). Portelos was reassigned from his position as he was the subject of investigations into misconduct, and was informed he was not to return to IS 49 without prior written permission. Also, he was notified that any school activities he participated in would remain suspended until the matter was resolved. The court ruled the petition must be denied as time-barred as Portelos brought the instant challenge more than nine months after his time to do so expired. It noted even if the petition was timely, it would be denied as the BoE’s decision prohibiting Portelos from attending or participating in SLT meetings had a rational basis as it was in accordance with respondents’ procedures and policies. The court stated the Chancellor’s Regulation A-655 did not give SLT members the right to attend meetings if they were prohibited from entering the school or participating in school activities due to administrative reassignment or pending charges of misconduct. Thus, the petition was denied and dismissed.
