Board of Education v. Fernandez

OPINION OF THE COURT

Herbert A. Posner, J.

Plaintiffs have brought an action for a declaratory judgment *1011declaring the defendant’s "Special Circular No. 37” invalid and unenforceable on the ground that it usurps the power of the community school boards to employ a community superintendent. (See, Education Law § 2590-e [1] [a].) The circular mandates the criteria and procedures to be followed by all community school boards in the hiring of community superintendents and requires the school boards to submit an evaluation report to the Chancellor for review, as to procedure, prior to the hiring of a…