Because the appeals involve a common issue of law, they are consolidated for decision. Both appeals must be dismissed. Petitioner requests that the Commissioner order respondents to comply with the Open Enrollment Program, refrain from using the availability of seats at the Pennington-Grimes Elementary School as a criterion for accepting students under the Open Enrollment Program, and desist in giving preferential treatment for admission into the Open Enrollment Program to friends, employees of the district and former school board members who do not properly comply with the application procedures for the Program. Petitioner also asks that I suspend respondents for 30 days without pay, and compensate the students and parents affected by respondents' actions by permitting the students to enroll in the north side school of their choice immediately, and by awarding compensatory damages. Respondents deny petitioner's contentions in both appeals.
Respondents also raise a number of procedural objections.
I will initially address respondents' assertions regarding standing. Petitioner does not allege that it is an incorporated entity, and does not rebut respondents' contention that it is unincorporated. As petitioner has no standing to bring an application under Education Law 306 or appeal under Education Law 310, the petitions must be dismissed. In view of this disposition, I need not address the other issues raised by the parties. Although the parties dispute whether there was any improper assignment of teachers as alleged in the petition, respondents produced uncontroverted documentary evidence with their answer to show that, as of the date of the answer, all of the teachers specified in the petition had certifications appropriate to their assignments.