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March 08, 2024

Submitting appeals to the Commissioner of Education

§275.8(a) of the Regulations of the Commissioner of Education [4 NYCRR §275.8(a)] requires that the petition setting out an appeal to the Commissioner be personally served upon each named respondent.  

In the event a school district is named as a respondent, service upon the school district is to be made personally by delivering a copy of the petition to the district clerk, to any trustee or any member of the board of education, to the superintendent of schools, or to a person in the office of the superintendent who has been designated by the board of education to accept service.

In this instance the Petitioner attempted to effectuate service of an appeal to the Commissioner on the named respondent by mailing the petition to the New York State Education Department. 

The Commissioner ruled that the appeal must be dismissed for failure to personally serve the only "named respondent", the Board of Education of the school district.

Click HERE to access the decision of the Commissioner of Education posted on the Internet.

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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.
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