Petitioner refers to events that occurred during the 1992-93 school year, but did not commence this appeal until September 16, 1993. Further, while petitioner requests the removal of the principal of School 57, petitioner has failed to join that individual as a party in this appeal. The appeal must also be dismissed on the merits. Section 277.1 of the Regulations of the Commissioner of Education requires that an application seeking removal of a school officer set forth the willful violation of law, neglect of duty, or willful disobedience of a decision, order or regulation of the commissioner charged against the officer and the facts by which it is established . . . In this case, respondents Thompson, Dougherty and Mayo maintain that they were unaware of petitioner's attempts to contact them and knew nothing about the incident in question until served with this appeal.
Petitioner offers no proof to counter respondents' assertions.
Moreover, there is no evidence that respondents personally bore any responsibility for the incident. While administrators should endeavor to be responsive to parents' concerns, respondents were under no legal obligation to respond to petitioner's telephone calls on this matter. Accordingly, their failure to do so does not give rise to a willful violation of law or neglect of duty warranting respondents' removal pursuant to Education Law ' 306. Thus, petitioner has failed to sustain her burden of establishing that respondents have acted improperly in this matter. Nor is there any basis in the record to grant petitioner's transfer request.