This appeal ensued. Petitioner's request for interim relief pending a determination on the merits of this appeal was denied. Petitioner alleges that she did not receive notice of the hearing until March 10 and advised the superintendent that day that she needed more time to obtain counsel. She contends that despite her request, the hearing was held the following day. Petitioner alleges that as a result, she was denied her right to an attorney, to cross-examine witnesses, and to present witnesses on her son's behalf.
Petitioner seeks to overturn the superintendent's decision.
Respondent contends that the appeal must be dismissed because petitioner failed to exhaust her administrative remedies since she has not appealed the superintendent's determination to the board of education. Respondent denies that Jonathan was denied his rights at the hearing. Respondent also contends that the penalty imposed was appropriate. The school year has ended and the suspension has been served. Petitioner's assertion that she advised the superintendent that she was unable to obtain counsel in time for the hearing is not supported by the record.