During the 1993-94 school year, petitioner was employed as a third grade teacher at the Sheafe Road Elementary School. Prior to and during that school year, petitioner filed three appeals under Education Law ' 310 and two grievances with the district. The appeals and grievances involved, among other things, allegations by petitioner of improper conduct by respondent Miller, Principal of the Sheafe Road school. That decision was affirmed by the school superintendent, respondent Marmillo. Petitioner contends that his transfer to the Oak Grove School is improper and in retaliation for his previous filing of appeals and grievances.
Respondents deny that they have engaged in any retaliatory action against petitioner.
Respondents further contend that petitioner's transfer from the Sheafe Road School to the Oak Grove School is based solely on the needs of the students in both schools, as well as petitioner's capabilities as a teacher. The record before me indicates that respondent board has employed petitioner since 1970. While teaching third grade at the Sheafe Road school, petitioner expressed a desire to teach a fourth grade class at that school. The record also indicates that approximately 35 teachers are scheduled to be transferred within the district from one school building to another during the 1994-95 school year. Regarding the reason for petitioner's transfer, respondents note that the student population at the Sheafe Road school is diverse and changing, with many students moving in an out of the attendance zone for that school.