Challenging actions taken by members of the staff of the State Education Department
Petitioner in this appeal challenged a determination of the New York State
Education Department’s Office of Special Education (“SED”) that she engaged in
misconduct and acted incompetently during a special education due process
hearing. The Commissioner dismissed the appeal for "lack of
jurisdiction."
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", noting that "Such actions can only be challenged in a
proceeding brought in a court of competent jurisdiction pursuant to Article 78
of the Civil Practice Law and Rules."
Click HERE
to access the decision of the Commissioner.
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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.
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