Commissioner reverses action
NEW YORK — The state commissioner of education has reversed the findings of the Monticello Central School Board of Education, which disciplined Josh Herzog in January 1995 for participating in the publication and distribution of an underground newspaper.
In November, the commissioner found that Josh Herzog was not afforded due process because the charges for which he was disciplined did not state that the distribution of the newspaper occurred on school grounds and what issues would have been raised at his disciplinary hearing.
The commissioner said the school failed to present evidence that Herzog distributed the papers anywhere, let alone on school grounds.
The school district had filed a criminal complaint against Herzog and brought the in-school disciplinary action. The commissioner ordered that the criminal charges be dismissed and the suspensions be removed from his disciplinary record.
>The Monticello School District is appealing the commissioner’s decision to a state court.
reports, Spring 1996