0024-93
STATE OF RHODE ISLAND
AND
PROVIDENCE PLANTATIONS
COMMISSIONER OF EDUCATION
PATRICIA E. GIDDINGS
VS.
WESTERLY SCHOOL COMMITTEE
DECISION
Held: The Commissioner lacks jurisdiction in this case.
Date: June 25, 1993
In this case the petitioner, Patricia E. Giddings, is seeking to appeal the failure of the Westerly School Committee to appoint her to a position as a Special Education Aid. We indicated at the hearing on this matter that we doubted whether we had jurisdiction to decide such a question. This was not only because the teacher tenure law (G.L. 16-13-1) was not involved but also because the dispute involved the interpretation of a collective bargaining agreement. Hoag v. Providence School Committee, Commissioner of Education, 1988; Madden vs. Warwick School Committee, Commissioner of Education, 1984; LaSalle v. Cranston School Committee, Commissioner of Education, 1991. The parties have not pointed out to us any contrary authority on this jurisdictional issue. Our review of the applicable authorities convinces us that we lack jurisdiction to decide this case since it does not "arise under" school law.
Conclusion
This matter is dismissed for lack of jurisdiction.
Forrest L. Avila
Hearing Officer
Approved:
Peter McWalters
Commissioner of Education
Date: June 25, 1993