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Settlement Agreement Involving New York Principal's Dismissed Disciplinary Actions Ordered Disclosed

New York Jericho Teacher's Association Vice President Anthony LaRocca appealed a State Supreme Court's 1993 dismissal of a petition to disclose settlement documents regarding the discipline of a principal.

The dismissal was reversed and a redacted disclosure was ordered
The Board of Education authorized a settlement with Jericho Union Free School District (District) Principal Marc Horowitz after charges were brought against him in 1992. The charges were then withdrawn. The District denied disclosure requests and upheld the denial on administrative appeal. LaRocca brought action to compel disclosure and the court dismissed the action under the State Freedom of Information Law (FOIL) finding the agreement an employment record and that disclosure would violate tenured teacher's rights to confidential proceedings. LaRocca appealed arguing that no FOIL exemption applied.

The Second Department Appellate Division held that, after in camera inspection, the document's production was warranted with the redaction of charges references which were neither admitted or denied and as to any teacher's names. The court found the balance of the District's arguments without merit. Dissent would have ordered disclosure in it's entirety. See: LaRocca v. Board of Education, 220 A.D.2d 424, 632 N.Y.S.2d 576 (N.Y. App. 1995).

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Related legal case

LaRocca v. Board of Education