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Jan 6, 2026

An appeal of a school board's decision submitted to the Commissioner of Education dismissed because it had not been properly served on the school board

New York State Commissioner of Education Betty A. Rosa dismissed an appeal challenging a School Board's [Board] decision denying the parent's [Petitioners] request for afterschool transportation for the Petitioners' two children because the appeal had not been properly served. 

The Commissioner found that the Petitioners' appeal had not personally served on the Board but was "sent via certified mail with return receipt requested".  This, said the Commissioner, "is not a method of service authorized by 8 NYCRR 275.8 (a)". 

The Commissioner explained that Section 275.8 (a) of the Commissioner’s regulations "requires that the petition be personally served upon each named respondent". Further, the Commissioner observed that "If a school district is named as a respondent, service upon the school district shall 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 (8 NYCRR 275.8 [a]".

Noting that the petition was not personally served on the Board but was sent via "certified mail with return receipt requested", the Commissioner dismissed the parents' appeal for lack of proper service.

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


Editor in Chief Harvey Randall served as Director of Personnel, SUNY Central Administration, Director of Research , Governor's Office of Employee Relations and Principal Attorney, Counsel's Office, New York State Department of Civil Service. 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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