THE STATE EDUCATION DEPARTMENT/THE UNIVERSITY OF THE STATE OF NEW YORK/ALBANY N Y 12234

July 14, 1994

Mr. Joseph P. Giardina

Mt. Kisco, NY 10549

Dear Mr. Giardina:

I am responding to your letter dated May 31, 1994, to Commissioner Sobol, which was forwarded for reply to the Lower Hudson I Field Services Team. We have reviewed the concerns and charges expressed in your letter concerning the Bedford Central School District with the State Education Department's Office of Counsel.

There have been Decisions of the Commissioner concerning the first issue you raise, distribution of school candidate information on school grounds. Decisions of the Commissioner prohibit the use of district funds or channels of communication, such as faculty mailboxes, to endorse a particular candidate or vote on a school board or district budget issue. Additional Commissioner's decisions, however, do uphold the rights of privately-funded groups, such as parent teacher organizations, to produce and distribute informational materials on such matters on school property, if this is consistent with district policy.

In regard to your charge of reporting errors in a recent school board election, if you have evidence to substantiate that such reporting affected the outcome of a vote, you have recourse by appealing to the Commissioner under Section 310 of the Education Law. I have provided you with Handbook of Regulations of the Commissioner of Education - Relating to Appeals and Other Proceedings Before the Commissioner and the State Review Officer, should you decide to pursue such action.

If we can be of further assistance, feel free to contact us at (518) 486-2316.

Sincerely,

Nancy Brennan

Associate

Enc.

cc: Thomas Sobol

Arthur L. Walton

Terry Ann Schwartz

Bruce Dennis, Superintendent, Bedford CSD

Elena Zongrone, Lower Hudson 1 Field Services Team Leader

Mary Ellen Lorini, Office of Counsel