An appeal pursuant to Education Law §310 is not available to an individual seeking to challenge an administrative decision by the New York State Education Department
Decisions of the Commissioner of Education, Decision #16,440
In this appeal the issue concerned an applicant's challenge to a decision by the New York State Education Department Office of Teaching Initiatives that the applicant for a permanent teaching certificate was not eligible for such a certificate.
Dismissing the appeal on the grounds that the Commissioner of Education does not have jurisdiction to consider such an appeal, the Commissioner explained that “it is well settled that Education Law §310 does not authorize an appeal to the Commissioner from actions taken by members of the staff of the State Education Department.
However, said the Commissioner, such a challenge may be advanced in a proceeding brought in a court of competent jurisdiction pursuant to Article 78 of the Civil Practice Law and Rules.
The decision is posted on the Internet at:
http://www.counsel.nysed.gov/Decisions/volume52/d16440.html