12,725 Appeal of R. Timothy O'Neill, Superintendent of the Amherst Central School District, from an order of a hearing officer pursuant to Education Law 3020-a concerning charges against Anonymous, a tenured teacher. The appeal must be dismissed. The charge of incompetence included twenty specifications, while the insubordination charge included sixteen specifications. Petitioner alleges that the panel's chairperson applied the wrong standard when he dismissed certain specifications on the grounds that they lacked specificity.
Petitioner seeks an order reinstating the charges.
Respondent contends that as an interlocutory ruling, the chairperson's determination may not be appealed. Respondent also alleges that petitioner fails to state a claim upon which relief may be granted. In addition, respondent requests that his right to privacy be preserved during the pendency of this appeal. In this case, petitioner seeks review of the chairperson's decision to dismiss, without prejudice, several specifications preferred against respondent. Since the chairperson's interlocutory ruling affords the board of education the opportunity to simply restate the charges with greater specificity, I find this appeal premature.