BUFFALO, NY (WKBW) — The Buffalo School Board voted Monday to appoint retired Buffalo police investigator Roscoe Henderson to fill the vacant North District seat, despite a request from the New York State Education Commissioner to delay the process.
The board interviewed six candidates Monday before voting to nominate Henderson. The appointment comes amid ongoing sexual harassment allegations against the former school superintendent, Dr. Pascal Mubenga, and a current board member, Muki Hawkins.
State Education Commissioner Dr. Betty Rosa sent a letter, 7 News obtained, to School Board President Dr. Kathy Evans-Brown asking the board to delay filling the vacancy until the pending allegations are resolved.
That letter stemmed from a request made by Buffalo Mayor Sean Ryan, who wrote to the commissioner asking her to intervene.
Before the vote, I asked Evans-Brown about her contact with the state.
"Do you talk to state ed? Did state ed contact you at all? Oh absolutely. I've been in touch," Evans-Brown said.
Mayor Ryan told me the board's decision to move forward despite the commissioner's request sends the wrong message.
"They didn't have to take a vote. They chose to take a vote," Ryan said.
Ryan said he reached out to the commissioner because he wanted the state to intervene.
"I encourage Commissioner Rosa to keep an eye on the Buffalo Public School District, you know, to intervene in any positive way that she can intervene in," Ryan said
Ryan said the board's response to the commissioner's request reflects poorly on the district.
"Essentially to tell the commissioner, you know, to get lost. It's not a good look, and it's not good for future relationships," Ryan said.
Three board members abstained from the vote, including Park District Board Member Erik Bohen, who said he did so to honor the commissioner's request.
WATCH: Buffalo School Board fills vacant seat despite Mayor & NYSED request to wait
"She is the commissioner of the New York State Education Department, and I thought as a board they would follow suit, but I cannot answer for them," Bohen said. "I just believe that that was the right thing to do with abstaining the vote.”
Governor Kathy Hochul is calling for a full investigation into the sexual harassment allegations. When asked about a potential state takeover of the district, Hochul said it would require approval from the legislature.
"The allegations and misconduct are very egregious...and I condemn sexual harassment in all of its forms, full stop," Hochul stated during a Monday appearance in Buffalo.
Ryan said public confidence in the board has eroded.
"There's certainly not a high degree of public faith in the school board right now," Ryan reflected.
Late Tuesday afternoon, Evans-Brown issued a statement defending the decision to fill the vacant seat. She says the board did not defy the commissioner's request and it is "simply inaccurate."
The following is her full statement:
Statement from the President of the Buffalo Board of Education
(July 21, 2026) –
"I want to address recent public statements suggesting that the Buffalo Board of Education acted in defiance of correspondence from the New York State Commissioner of Education regarding the appointment process for the vacant North District board seat.
That characterization is simply inaccurate.
Consistent with Section 2553 of the Education Law requires the board to fill the vacancy (such vacancy shall be filled by a majority vote of the remaining members of the Board of Education within thirty days of the date when such vacancy shall have occurred). The Board of Education began its appointment process well before the Mayor’s July 19, 2026, letter to the Commissioner. The first notice of vacancy for application went out in the Buffalo News for the public on June 30, 2026 and closed on July 13, 2026, and six qualified individuals submitted applications for consideration. In keeping with our commitment to openness and public accountability, all candidate interviews were scheduled to be conducted in a public meeting and televised for the community to observe on July 20, 2026, beginning at 9:00 am in the board room of City Hall. The Board did not receive correspondence from the Commissioner on this matter until 1:00 pm on July 20, 2026, after the interview process was already underway.
Following receipt of the Commissioner’s correspondence, I spoke directly with the Commissioner of Education regarding the circumstances facing Buffalo Public Schools. Our discussion included the significant leadership challenges currently confronting the district, including the recent resignation of the superintendent, allegations against a sitting board member and the need to maintain stable governance during this period of transition.
Following my conversation with the Commissioner, I understood that the Board could proceed with its established process and its legal responsibility to fill the vacancy. Accordingly, the Board continued the process that had already been initiated to fulfill its responsibility to ensure that the residents of the North District have full representation on the Board of Education. I also note that, if the board failed to comply with its legal responsibility to fill the vacancy by July 24, 2026, the Education Law would have authorized the Mayor to do
so.
The Buffalo Board of Education is a nonpartisan body composed of independently elected officials. Our responsibility is to exercise our independent judgment while complying with New York State law and acting in the best interests of the students and families we serve.
At no time did the Board act with the intent to disregard or defy the Commissioner of Education. Rather, we acted in good faith, consistent with our legal responsibilities, our commitment to transparency, and our obligation to ensure that every district is represented by a full complement of elected leadership.
Our focus remains where it belongs: providing stable governance, restoring public confidence, and ensuring that the Buffalo Public Schools continue moving forward during a challenging time. “We are all professionals”.
Respectfully submitted, Dr. Kathy Evans Brown, Board President
Meanwhile, Henderson is set to be sworn in during a special school board meeting at 4 p.m. Wednesday at City Hall in Buffalo.
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