The letter further informed petitioner of her rights regarding the hearing. The hearing officer found Charles guilty of the charges and recommended his permanent suspension from school, effective May 9, 1995. The penalty was based upon the hearing officer's findings of guilt and Charles' anecdotal record. Respondent informed petitioner it would hear her appeal on June 11, 1995. Petitioner commenced this appeal on May 31, 1995.
Petitioner seeks an order annulling respondent's penalty as excessive.
Respondent contends that the appeal is premature for failure to exhaust administrative remedies. The record in this case reflects that although the petitioner names the board of education as a respondent in this appeal, the appeal was commenced prior to the board's review of the superintendent's determination. The appeal is thus premature and must be dismissed for failure to exhaust administrative remedies. I have considered petitioner's other claims and find them without merit.