Opinion
Argued January 5, 1978
Decided February 7, 1978
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, FRANK J. PINO, J.
A. Michael Weber and James R. Sandner for appellants.
W. Bernard Richland, Corporation Counsel (Paul T. Rephen and Leonard Koerner of counsel), for respondent.
MEMORANDUM.
The order of the Appellate Division should be affirmed, with costs.
The responsibility for determining whether a school system employs a sufficient number of attendance teachers to assure compliance with the compulsory education provisions of the Education Law is committed to the professional judgment and discretion of those responsible for administration of public schools. (James v Board of Educ., 42 N.Y.2d 357.) Questions of this sort are inappropriate for resolution by the courts. Where this lawfully delegated discretion has been exercised by the board of education, review of such determination may be sought from the Commissioner of Education. (Education Law, § 310.) With these officials the matter rests. It should be added that this disposition is not dependent on the application of any doctrine of exhaustion of administrative remedy. (Cf. Matter of Geduldig v Board of Educ., 43 A.D.2d 840.)
Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur in memorandum.
Order affirmed.