The appeal must be dismissed. Petitioner was employed as a certified guidance counselor in respondents' district for approximately three years assigned to the James H. Vernon Middle School. Petitioner commenced this appeal on September 2, 1999. Respondents generally deny petitioner's allegations and contend that petitioner was properly and appropriately denied tenure based upon the rational basis that petitioner exercised poor judgment and lacked initiative.
Respondents also contend that the appeal is untimely.
An appeal to the Commissioner must be instituted within 30 days from the making of the decision or the performance of the act complained of. Since petitioner offers no information to establish good cause to excuse her delay in commencing this appeal, I must dismiss the appeal as untimely. The appeal must also be dismissed on the merits. Upon my review of the record, I find that petitioner has not met this burden. Petitioner's paid leave occurred under the administration of a prior superintendent of schools, and respondent superintendent submits an affidavit in which he states that he was unaware of the nature of petitioner's illness during her paid leave in May and June 1998, including whether it was physical or psychological, or how serious it was.