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January 15, 2013

Education Law §310 may not be used to appeal an administrative decision made by an employee of the State Department of Education


Education Law §310 may not be used to appeal an administrative decision made by an employee of the State Department of Education
Advanced Therapy, OT, PT, SLP, ET AL PLLC, - An appeal from a decision by the New York State Education Department, Decisions of the Commissioner of Education, Decision 16,446

Advanced Therapy, a provider of preschool education services, challenged a decision denying a program modification request that it alleged was made by a State Education Department employee.

The Commissioner dismissed Advanced Therapy’s appeal, explaining 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 “

Such decisions, said the Commissioner, may be challenged 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/d16446.html

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