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November 05, 2019

Appealing administrative decisions made by New York State Education Department staff members


New York State Education Department’s Office of Teaching Initiatives [SED] denied the request submitted by a school counselor [Petitioner] holding a provisional certification for an extension of time in which to complete the requirements for obtaining permanent certification as a school counselor.
 
The Petitioner held provisional certification as a school counselor. In 2013 Petitioner received an extension to complete the necessary requirements to receive permanent certification.  Petitioner requested a second extension of time in 2019, which SED denied. Petitioner appealed to the decision to the Commissioner of Education seeking SED issuance of a permanent certificate in school counseling or, in the alternative, an extension of time in during which Petitioner could complete any additional requirements."

The Commissioner dismissed the appeal for "lack of jurisdiction." 

Citing Appeal of Carmel Academy, 56 Ed Dept Rep, Decision No. 16,976, the Commissioner explained that "[i]t 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" and  that any such appeal must adjudicated "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:


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NYPPL Blogger Harvey Randall served as Principal Attorney, New York State Department of Civil Service; Director of Personnel, SUNY Central Administration; Director of Research, Governor’s Office of Employee Relations; and Staff Judge Advocate General, New York Guard. Consistent with the Declaration of Principles jointly adopted by a Committee of the American Bar Association and a Committee of Publishers and Associations, the material posted to this blog is presented with the understanding that neither the publisher nor NYPPL and, or, its staff and contributors are providing legal advice to the reader and in the event legal or other expert assistance is needed, the reader is urged to seek such advice from a knowledgeable professional.
New York Public Personnel Law. Email: publications@nycap.rr.com