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State Education Commissioner John B. King, Jr. has approved a request from the Albany City School District seeking a waiver for Dr. Marguerite Alecia Vanden Wyngaard to serve as superintendent of Albany’s schools.

Education Law §3003(3) provides that the Commissioner may grant an exception or waiver to the precise preparation and experience required by law for a superintendent’s certificate. The Commissioner is empowered to grant a waiver to an "exceptionally qualified" candidate who may not meet all of the very detailed regulatory requirements if he finds that the candidate has "exceptional training and experience" which are the "substantial equivalent" of such requirements.

The process for review and consideration of a waiver request is outlined in the Commissioner’s Regulations (8 NYCRR §80-3.10[b][3][iii]). Commissioner King followed the process outlined in those regulations.

Specifically, following well established precedent, the Commissioner convened an advisory screening panel consisting of representatives of the State Education Department and appropriate educational organizations for review and advice. The panel met in Albany on Monday, August 13, 2012. The members of the screening panel are listed below.

The panel received the application and supporting documentation provided by the Albany City School Board for its review and consideration. The Commissioner provided guidance to the panel about the questions it should consider in reviewing the application and materials.

The Commissioner carefully reviewed and considered the advice he received from the panel. He applied the law to the facts presented and rendered a decision granting the waiver request. A copy of the Commissioner’s decision is attached.

The request for a waiver of specified training and experience is part of a credentialing process. That process comprises an objective review of education, training, and experience to determine if an applicant possesses the knowledge, skills, and experience that qualify him or her to perform the functions authorized by the credential.

Screening Panel

Joseph Dragone, Superintendent of Schools, Ballston Spa Central School District
Susan Phillips, Provost and Vice President for Academic Affairs, University at Albany
Ira Schwartz, Assistant Commissioner, Office of Accountability, State Education Department
Jacklin G. Starks, District Superintendent, Madison-Oneida BOCES
Debra Colley, Dean, Niagara University
Sharon Contreras, Superintendent of Schools, Syracuse City School District
Kathleen M. Davis, Superintendent of Schools, Holland Patent Central School District