The report of the hearing officer shall be advisory only, and the superintendent may accept all or any part thereof. An appeal will lie from the decision of the superintendent to the board of education who shall make its decision solely upon the record before it. The board may adopt in whole or in part the decision of the superintendent of schools. In this case, the record reveals that although 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, scheduled for January 9, 1997. Respondent also argues that the petition must be dismissed because petitioner failed to join necessary parties.
Petitioner requests that disciplinary action be taken against unnamed teachers and administrators.
Presumably, those individuals are teachers Griffin and Roberts, whose referrals led to the suspension, and Principal Paisley, Assistant Principal Waters and Superintendent Rock. Their rights would be adversely affected by a determination in petitioner's favor regarding any disciplinary action brought against them. Therefore, they are necessary parties and should have been joined to the petition as such. Moreover, to the extent petitioner seeks disciplinary action against district employees and not school officers, it is the board of education that has the authority to take such disciplinary action, not the Commissioner. With regard to respondent's claim concerning matters decided in another forum, petitioner had previously filed a civil suit against the district and certain district employees.