The commissioner’s legal staff will not review the petition until the person charged has filed a response. That process usually takes about eight weeks after the original petition is filed, unless the parties receive extensions.

Once the file is completed, the commissioner’s Office of Counsel tries to issue a decision within six to eight months, or eight to 10 months after the petition was filed, according to its website. But with hundreds of petitions to the commissioner filed every year for a variety of actions, there is no guarantee of a specific time frame.

Elia has declined to comment on the situation because she has to step in as an impartial judge and make a decision. But on Wednesday, her office released its boldest statement yet, saying it is reviewing its options and monitoring the situation.

“We are in the process of reviewing all of our options in this unusual situation and will closely watch the actions taken by the Buffalo Board of Education...," State Education Department spokeswoman Emily DeSantis wrote in a statement.

Now, Elia will have to weigh the board's arguments against Paladino's First Amendment right to free speech.