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."
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