reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter IV - Appeals And Other Proceedings Before the Commissioner › Part 275 - Parties And Pleadings › Section 275.17 - Amicus curiae

Current through Register Vol. 46, No. 28, July 10, 2024
The commissioner may, in his/her sole discretion and upon
				  written application submitted, permit interested persons or organizations to
				  submit memoranda of law amicus curiae in connection with a pending appeal.
				  Those permitted to submit memoranda amicus curiae shall not be considered
				  parties to the appeal before the commissioner and shall not be entitled to
				  receive copies of pleadings and papers pertaining thereto or to participate in
				  a confidential resolution conference pursuant to section
				  276.2  of this
				  Chapter.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter IV - Appeals And Other Proceedings Before the Commissioner › Part 275 - Parties And Pleadings › Section 275.18 - Consolidation

Current through Register Vol. 46, No. 28, July 10, 2024
If common questions of law and fact are involved, the
				  commissioner may, in his or her sole discretion and at any stage of the
				  proceedings, consolidate two or more appeals for the submission of pleadings
				  and other papers and/or the issuance of a decision. In such case, the
				  commissioner may permit or require the service and filing of pleadings,
				  affidavits, memoranda of law and any other papers required or authorized to be
				  served pursuant to this Part and Part 276 of this Title upon such terms as the
				  commissioner may specify.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter IV - Appeals And Other Proceedings Before the Commissioner › Part 276 - RULES OF PRACTICE › Section 276.1 - Stay of proceedings

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				initiation of an appeal shall not, in and of itself, effect a stay of any
				proceedings on the part of any respondent. A petitioner desiring a stay shall
				make application therefor by a duly verified petition, stating the facts and
				the law upon which such stay should be granted. Affidavits in opposition to an
				application for a stay order may be submitted by any party opposing such
				application. Such affidavits shall be served within three business days after
				service of the petition on all other parties, and the original affidavits shall
				be transmitted to the Office of Counsel, New York State Education Department,
				State Education Department Building, Albany, NY 12234 by personal delivery,
				express mail delivery, or equivalent means reasonably calculated to assure
				receipt of such affidavits within 24 hours of service, unless the commissioner
				shall provide otherwise. The commissioner may, in his/her discretion, with or
				without application therefor, grant a stay if in the commissioner's judgement
				the issuance of such a stay is necessary to protect the interests of the
				parties, or any of them, pending an ultimate determination of the
				appeal.
(b) A petition which
				contains a request for a stay shall contain the following notice in addition to
				that otherwise required by this Title:
Please take further notice that the within petition contains
				  an application for a stay order. Affidavits in opposition to the application
				  for a stay must be served on all other parties and filed with the Office of
				  Counsel within three business days after service of the petition.
(c) The provisions of this section
				shall not apply to appeals brought pursuant to section 4404  of the Education Law seeking review of
				a determination of an impartial hearing officer. The provisions of subdivision
				4 of section 4404  of the Education Law and section
				200.5(l) 
				of the Regulations of the Commissioner of Education shall apply exclusively in
				such appeals. A determination of pendency pursuant to subdivision 4 of section 4404  of the Education Law shall be made in
				writing, in the first instance, by the impartial hearing officer and may be
				reviewed by a State review officer.
(d) The provisions of this section shall not
				apply to a charter school location/co-location appeal pursuant to section
				276.11 
				of this Part.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter IV - Appeals And Other Proceedings Before the Commissioner › Part 276 - RULES OF PRACTICE › Section 276.2 - Oral argument

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				Commissioner may schedule and direct the parties to participate in a
				confidential resolution conference with the counsel or the counsel's designee.
				Such conferences shall be for the purposes of considering settlement,
				simplifying the issues, resolving procedural issues, and/or discussing any
				matters which may aid in the expeditious disposition of the appeal.
(b) The resolution conference may be held
				in-person, by telephone, or by digital conferencing software and may be
				continued, as necessary.
(c) The
				counsel or designee may require an authorized school district representative
				familiar with the facts of the appeal to attend.
(d) The confidential resolution conference
				shall not be recorded, no evidence may be introduced or received, and any
				statements made therein shall not be admissible in the appeal under review, or
				in any other legal proceeding.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter IV - Appeals And Other Proceedings Before the Commissioner › Part 276 - RULES OF PRACTICE › Section 276.3 - Extensions of time to answer or reply

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The commissioner may permit an extension
				of time to answer the petition or reply to an answer upon good cause shown and
				upon such terms and conditions as the commissioner may specify. A party seeking
				an extension shall make such request to the Office of Counsel prior to the
				expiration of the time to serve such answer or reply.
(b) Notwithstanding the provisions of
				subdivision (a) of this section, in an appeal regarding a homeless child's or
				youth's access to a free, appropriate public education pursuant to section
				100.2(x) 
				of this Title, the petitioner may elect to provide notice of the application
				for an extension of time to reply to an answer to all parties by delivering the
				application to the local educational agency liaison for homeless children and
				youth. The local educational agency liaison for homeless children and youth
				shall mail the application to all adverse parties and the office of counsel.
				Such application shall be in writing and must be postmarked not later than five
				days prior to the date on which the time to reply will expire, and shall set
				forth in full the reasons for the request.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter IV - Appeals And Other Proceedings Before the Commissioner › Part 276 - RULES OF PRACTICE › Section 276.4 - Memoranda of law

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Memoranda
				of law, consisting of the parties' arguments of law may be submitted by any
				party to an appeal and may be requested by the commissioner's counsel or by the
				commissioner. The petitioner shall serve a copy of any memorandum of law upon
				every other party to the appeal in the manner provided by section
				275.8(b)  of this
				Title within 40 days after service of the petition. Each respondent shall serve
				a copy of any memorandum of law, upon every other party in the manner provided
				by section 275.8(b)  of this
				Title within 50 days after service of the petition. Reply memoranda will be
				accepted only with the prior approval of the commissioner. All memoranda of law
				shall be filed with proof of service thereof in accordance with section
				275.9  of this Title. The
				commissioner, in his or her sole discretion, may permit the late service and
				filing of memoranda of law upon written application by a party, setting forth
				good cause for the delay and demonstrating the necessity of such memoranda to a
				determination of the appeal, together with proof of service of a copy of such
				application upon all other parties to the appeal. The commissioner may also
				permit an extension of time to serve and file memoranda of law upon good cause
				shown and upon such terms and conditions as the commissioner may specify. A
				party seeking an extension shall make such request to the Office of Counsel
				prior to the expiration of the time to serve such answer or reply. The
				procedures set forth in this subdivision shall not apply to charter school
				location/co-location appeals, which shall be governed by section
				276.11  of this Part.
(b) Notwithstanding the provisions of
				subdivision (a) of this section, in an appeal regarding a homeless child's or
				youth's access to a free, appropriate public education pursuant to section
				100.2(x)  of this
				Title, the parent or guardian of a homeless child or youth or unaccompanied
				youth as defined in section
				100.2(x)  of this
				Title may serve a memorandum of law in the manner provided by section
				275.8(a) or (e)  of
				this Title.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter IV - Appeals And Other Proceedings Before the Commissioner › Part 276 - RULES OF PRACTICE › Section 276.5 - Additional affidavits, exhibits and other supporting papers

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				commissioner may permit or require the service and filing of affidavits,
				exhibits and other supporting papers, in addition to those served in accordance
				with sections
				275.8,
				275.13
				and
				275.14  of this Title, upon
				good cause shown and such terms and conditions as the commissioner may specify.
				A party seeking to file affidavits, exhibits and other supporting papers
				pursuant to this subdivision shall submit an application to the Office of
				Counsel, which shall state the reason(s) why such affidavits, exhibits or other
				supporting papers are necessary and include a copy of each such affidavit,
				exhibit or other supporting papers, together with proof of service of the
				application and the proposed exhibits, affidavits or other supporting papers
				upon all parties in accordance with section
				275.8(b) 
				of this Part.
(b) Notwithstanding
				the provisions of subdivision (a) of this section, in an appeal regarding a
				homeless child's or youth's access to a free, appropriate public education
				pursuant to section
				100.2(x) 
				of this Title, the application and proposed affidavits, exhibits and other
				supporting papers may be served in accordance with section
				275.8(b)
				or (e)  of this Title.
(c) The provisions of this section shall not
				apply to a charter school location/co-location appeal pursuant to section
				276.11 
				of this Part.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter IV - Appeals And Other Proceedings Before the Commissioner › Part 276 - RULES OF PRACTICE › Section 276.6 - Records and reports

Current through Register Vol. 46, No. 28, July 10, 2024
The commissioner may, in his/her discretion, in the
				  determination of an appeal, take into consideration any official records or
				  reports on file in the Education Department which relate to the issues involved
				  in such an appeal.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter IV - Appeals And Other Proceedings Before the Commissioner › Part 276 - RULES OF PRACTICE › Section 276.7 - Decisions to be filed

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A copy of
				the decision of the commissioner in an appeal will be forwarded by the office
				of counsel to all parties to the appeal, or, if they be represented by counsel,
				to counsel for the respective parties, with instructions for service and filing
				as may be appropriate. A copy will also be sent to those persons or
				organizations who have been granted leave to submit memoranda amicus
				curiae.
(b) In an appeal regarding
				a homeless child's or youth's access to a free, appropriate public education
				pursuant to section
				100.2(x) 
				of this Title, a copy of the decision of the commissioner in an appeal will
				also be forwarded by the office of counsel to the local educational agency
				liaison for homeless children or youth.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter IV - Appeals And Other Proceedings Before the Commissioner › Part 276 - RULES OF PRACTICE › Section 276.8 - Reopening of a prior decision

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				Any party to an appeal may, within 30 days after the date of a decision
				thereon, apply by petition to the commissioner for a reopening of said
				decision. Applications for reopening are addressed solely to the discretion of
				the commissioner, and will not be granted in the absence of a showing that the
				decision which is the subject of such application was rendered under a
				misapprehension as to the facts or that there is new and material evidence
				which was not available at the time the original decision was made.
(b) An application to reopen a decision shall
				set forth concisely the basis upon which the applicant believes such decision
				should be reopened. Service of the application shall be made in the manner set
				forth in section
				275.8(b)  of this
				Title. Affidavits in opposition to an application to reopen may be submitted by
				any party opposing such application. Service of such affidavits in opposition
				shall be made in accordance with the provisions of section
				275.8(b)  of this
				Title, and within the time by which an answer must be served pursuant to
				section 275.13  of this Title.
(c) The commissioner may, on his/her own
				motion, reopen a prior decision in the absence of an application therefor where
				in the commissioner's judgment the interests of justice will be served
				thereby.
(d) The provisions of this
				section shall not apply to appeals brought pursuant to section 4404  of the
				Education Law. The determination of a State review officer of the State
				Education Department shall be final, provided that either party may seek
				judicial review by means of a proceeding pursuant to article 78 of the Civil
				Practice Law and Rules or 20
				U.S.C. section 1415.
(e) Notwithstanding the provisions of
				subdivision (b) of this section, in an appeal regarding a homeless child's or
				youth's access to a free, appropriate public education pursuant to section
				100.2(x)  of this
				Title, an application to reopen a decision may be served in the manner set
				forth in either section
				275.8(b) or (e)  of
				this Title. Service of affidavits in opposition to an application to reopen
				shall be served in accordance with the provisions of either section
				275.8(b) or (e)  or
				section 275.13(b)  of this
				Title.
(f) The provisions of this
				section shall not apply to a charter school location/co-location appeal
				pursuant to section
				276.11  of this Part.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter IV - Appeals And Other Proceedings Before the Commissioner › Part 276 - RULES OF PRACTICE › Section 276.9 - Dismissal of appeal

Current through Register Vol. 46, No. 28, July 10, 2024
The commissioner may, in his/her discretion, and at any stage
				  of the proceedings, dismiss an appeal if it appears to the commissioner's
				  satisfaction that the appeal is untimely, pursuant to section
				  275.16  of this Title; that the
				  petition does not set forth a clear and concise statement of the petitioner's
				  claim; that the commissioner lacks jurisdiction over the subject matter of the
				  appeal; or that the appeal has become moot. The provisions of this section
				  shall not apply to appeals before a State review officer of the State Education
				  Department brought pursuant to section 4404  of the Education
				  Law.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter IV - Appeals And Other Proceedings Before the Commissioner › Part 276 - RULES OF PRACTICE › Section 276.10 - Transfer of appeals and severance of claims

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Appeals to the commissioner initiated on
				or after July 1, 1990 which seek review of the determination of an impartial
				hearing officer after a hearing regarding the identification, evaluation,
				program or placement of a student with a disability, shall be transferred by
				the commissioner to a State review officer of the State Education Department
				for determination. In the event that the commissioner determines that a
				pleading in an appeal to the commissioner raises one or more claims which seek
				review of the determination of an impartial hearing officer pursuant to
				Education Law, section 4404 (2), the commissioner
				shall direct that such claim or claims be severed from the appeal and shall
				transfer the severed claims to a State review officer for determination. Upon
				transfer pursuant to this section, such an appeal or severed claim shall be
				deemed to be an appeal to the State review officer initiated on the date that
				the original appeal to the Commissioner of Education was initiated.
(b) Appeals from an impartial hearing
				officer's ruling, decision or refusal to decide an issue prior to or during a
				hearing shall not be permitted, with the exception of a pendency determination
				made pursuant to subdivision 4 of section4404  of the Education Law, which may be
				reviewed by a State review officer. However, in an appeal to the State review
				officer from a final determination of an impartial hearing officer, a party may
				seek review of any interim ruling, decision or refusal to decide an
				issue.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter IV - Appeals And Other Proceedings Before the Commissioner › Part 276 - RULES OF PRACTICE › Section 276.11 - Procedures in a charter school location/co-location appeals pursuant to Education Law Section 2853(3)

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Definitions.
As used in this section:
(1)
Board of education
means
				the panel for educational policy of the city school district of the City of New
				York.
(2)
Day
means business day.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter IV - Appeals And Other Proceedings Before the Commissioner › Part 277 - Practice On Application For Removal Of School Officers › Section 277.1 - Initiation and conduct of proceeding

Current through Register Vol. 46, No. 28, July 10, 2024
The provisions of this section shall apply to a proceeding
				  for the removal of a school officer pursuant to section 306  of the Education
				  Law, and shall not apply to an appeal brought to challenge the results of a
				  school district election. An application seeking the removal of a school
				  officer must be made in accordance with Parts 275 and 276 of this Chapter, as
				  far as possible, except
(a) the
				petition must distinctly state the willful violation of law, neglect of duty,
				or willful disobedience of a decision, order or regulation of the commissioner
				charged against the officer and the facts by which it is established; such
				facts must be set forth with such certainty as to time, place and all other
				pertinent details, as to furnish the officer with precise information as to
				what he or she is expected to meet; if the charge is willful disobedience of a
				decision or order of the commissioner, a copy thereof must be attached to the
				petition
(b) the petition must
				include a notice to the officer in substantially the following form:
Take notice that the petition and affidavits, copies of which
				  are herewith served upon you, will be presented to the Commissioner of
				  Education at Albany, and application thereon made for your removal from the
				  office of_of_School District_of the Town of_, _County, and that you are
				  required to transmit your answer to such application, duly verified, with an
				  affidavit of service of a copy thereof upon petitioner, to the Office of
				  Counsel, New York State Education Department, State Education Building, Albany,
				  N.Y.12234, or the charges contained in such petition and affidavit will be
				  deemed to be admitted by you.
Please take further notice that your answer must conform with
				  the provisions of the regulations of the Commissioner of Education relating to
				  appeals before the Commissioner, copies of which are available from the Office
				  of Counsel, New York State Education Department, State Education Building,
				  Albany, N.Y.12234. Such regulations require that an answer to the petition must
				  be served upon petitioner, or if represented by counsel, upon counsel, within
				  20 days after the service of the petition, and that a copy of such answer must,
				  within five days after such service, be filed with the Office of Counsel, New
				  York State Education Department, State Education Building, Albany,
				  N.Y.12234.
____________
(Signature)
____________
P.O.Address
(c) The answer of each school officer upon
				whom a petition has been served shall be prepared and served in accordance with
				the provisions of sections
				275.12 and
				275.13  of this
				Chapter.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter IV - Appeals And Other Proceedings Before the Commissioner › Part 277 - Practice On Application For Removal Of School Officers › Section 277.2 - Initiation by commissioner

Current through Register Vol. 46, No. 28, July 10, 2024
Such proceeding may be instituted by the commissioner by the
				  service of an order to show cause. Thereafter, the procedure as outlined in
				  Parts 275 and 276 of this Chapter shall be followed so far as
				  applicable.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter IV - Appeals And Other Proceedings Before the Commissioner › Part 277 - Practice On Application For Removal Of School Officers › Section 277.3 - Authorized hearing officers

Current through Register Vol. 46, No. 28, July 10, 2024
Hearings and proceedings for removal of school officers may
				  be held before the acting commissioner of education or the
				  counsel.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter IV - Appeals And Other Proceedings Before the Commissioner › Part 279 - Practice On Review Of Hearings For Students With Disabilities › Section 279.3 - Notice of request for review

Current through Register Vol. 46, No. 28, July 10, 2024
Each request for review must contain the following
				  notice:
Notice:
You are hereby required to appear in this review and may
				  answer the allegations contained in this request for review. Your answer must
				  conform with the provisions of the regulations of the Commissioner of Education
				  relating to reviews of this nature, copies of which are available at
www.sro.nysed.gov
or from the Office of
				  State Review of the New York State Education Department, 80 Wolf Road, Suite
				  203, Albany, NY 12205.
Please take notice that such regulations provide that an
				  answer to the request for review may be served upon the petitioner, or if the
				  petitioner is represented by counsel, upon such counsel, within 5 business days
				  after the service of the request for review, and a copy of such answer must,
				  within two days after such service, be filed with the Office of State Review of
				  the New York State Education Department, 80 Wolf Road, Suite 203, Albany, NY
				  12205. Extensions of time to serve an answer may be granted upon a request that
				  complies with the provisions of section
				  279.10(e) 
				  of the Regulations of the Commissioner.
The decision of the State Review Officer shall be based
				  solely on the record before the State Review Officer and shall be final, unless
				  an aggrieved party seeks judicial review.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter IV - Appeals And Other Proceedings Before the Commissioner › Part 279 - Practice On Review Of Hearings For Students With Disabilities › Section 279.4 - Initiation of review

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Request for
				review. A party seeking review (petitioner) shall personally serve a notice of
				request for review and a request for review upon the opposing party
				(respondent) within 40 days after the date of the decision of the impartial
				hearing officer sought to be reviewed. The request for review shall clearly
				specify the reasons for challenging the impartial hearing officer's decision,
				identify the findings, conclusions, and orders to which exceptions are taken,
				or the failure or refusal to make a finding, and shall indicate what relief
				should be granted by the State Review Officer to the petitioner. The request
				for review must conform to the form requirements in section
				279.8 
				of this Part.
(b) In the event that
				a school district is named as a respondent in a request for review, personal
				service of the request for review upon such school district shall be made by
				delivering a copy thereof to the district clerk, to a trustee or member of the
				board of education of such school district, to the superintendent of schools,
				or to a person who has been designated by the board of education to accept
				service.
(c) In the event that a
				parent of a student with a disability is named as a respondent in a request for
				review, personal service of the request for review shall be made by delivering
				a copy thereof to the parent; if delivery of the request for review to the
				parent cannot be made after diligent attempts, the board of education may serve
				the request for review upon the parent:
(1)
				by delivering and leaving the same at the parent's residence with some person
				of suitable age and discretion, between six o'clock in the morning and nine
				o'clock in the evening, and mailing by certified mail the request for review to
				the parent's last known residence; or
(2) if the board of education is unable to
				effectuate service pursuant to paragraph (1) of this subdivision, as directed
				by a State Review Officer.
(3)
				Where service is made pursuant to paragraphs (1) or (2) of this subdivision,
				the board of education must complete service within the timeline specified in
				subdivision (a) of this section and submit to the Office of State Review with
				its request for review proof of service, setting forth the attempts made to
				personally serve the request for review and specifying the dates, addresses,
				and times of each of its attempts at effectuating service.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter IV - Appeals And Other Proceedings Before the Commissioner › Part 279 - Practice On Review Of Hearings For Students With Disabilities › Section 279.5 - Answer

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The respondent
				may, within five business days after the date of service of the request for
				review, answer the same, either by concurring in a statement of facts with
				petitioner or by service of an answer. Such answer shall conform to the
				requirements in section
				279.8  of this Part.
(b) The petitioner may, within five business
				days after the date of service of a cross-appeal, answer the same, either by
				concurring in a statement of facts with petitioner or by service of an answer
				to the cross-appeal. Such answer shall conform to the requirements in section
				279.8  of this Part.
(c) An answer, together with proof of service
				upon the petitioner, shall be filed with the Office of State Review of the
				State Education Department within two days after such service, together with
				the respondent's notice of intention to cross-appeal in the case of an answer
				with cross-appeal. No filing by facsimile or electronic mail shall be
				permitted.
(d)
Additional
				papers in support of an answer.
A memorandum of law in support of an answer (or answer with
				  cross-appeal), if any, must be served upon the other party to the hearing and
				  filed with the Office of State Review together with the answer (or answer with
				  cross-appeal). Such memorandum of law shall comply with the requirements of
				  section 279.8  of this Part.
(e)
Service.
Service of an answer or answer with cross-appeal may be made
				  by personal delivery, United States mail, or overnight delivery service upon
				  the opposing party or such party's attorney.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter IV - Appeals And Other Proceedings Before the Commissioner › Part 279 - Practice On Review Of Hearings For Students With Disabilities › Section 279.6 - Additional pleadings

Current through Register Vol. 46, No. 28, July 10, 2024
(a) No
				pleading other than a request for review, answer, answer with cross-appeal, or
				answer to a cross-appeal, will be accepted or considered by a State Review
				Officer, except a reply to any claims raised for review by the answer or
				answer with cross-appeal that were not addressed in the request for review, to
				any procedural defenses interposed in an answer, answer with cross-appeal or
				answer to a cross-appeal, or to any additional documentary evidence served with
				the answer or answer with cross-appeal. Such reply shall be served upon the
				opposing party within three days after service of the answer is complete or
				together with an answer to a cross-appeal served in accordance with section
				279.5  of this Part, and
				shall conform to the requirements of section
				279.8 
				of this Part.
(b) The reply,
				together with proof of service, shall be filed with the Office of State Review
				within two days after service of the reply is complete. No filing by facsimile
				or electronic mail shall be permitted.
(c) Service. Service of a reply may be made
				by personal delivery, United States mail, or overnight delivery service upon
				the opposing party or such party's attorney.
(d) Notwithstanding the foregoing, nothing in
				this section shall be construed to prohibit a State Review Officer, in his or
				her discretion, from requiring a party to clarify a pleading or submit further
				briefing upon request.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter IV - Appeals And Other Proceedings Before the Commissioner › Part 279 - Practice On Review Of Hearings For Students With Disabilities › Section 279.7 - Names of parties or attorneys to be endorsed on all papers and verification of pleadings

Current through Register Vol. 46, No. 28, July 10, 2024
(a) All
				pleadings and papers submitted to a State Review Officer in connection with an
				appeal must be endorsed with the name, mailing address, and telephone number of
				the party submitting the same or, if a party is represented by counsel, with
				the name, mailing address, and telephone number of the party's
				attorney.
(b) All pleadings shall
				be verified. The request for review shall be verified by the oath of at least
				one of the petitioners, except that when the appeal is taken by the trustees,
				the board of trustees, or the board of education of a school district, it shall
				be verified by any person who is familiar with the facts underlying the appeal,
				pursuant to a resolution of such trustees or board authorizing the commencement
				of such appeal on behalf of such trustees or board. An answer shall be verified
				by the oath of the respondent submitting such answer, except that when the
				respondent is the trustees, the board of trustees, or the board of education of
				a school district, verification of the answer shall be made by any person who
				is familiar with the facts underlying the appeal. If two or more respondents
				are united in interest, verification of the answer shall be made by at least
				one of them who is familiar with the facts underlying the appeal. A reply shall
				be verified in the manner set forth for the verification of an answer.
(1) Affidavit of verification. The affidavit
				of verification shall be in substantially the following form:
STATE OF ___________________
COUNTY OF __________________ ss.:
_______________________________, being duly sworn, deposes
				  and says that is the _________________ in this proceeding; that has read the
				  annexed _________________ and knows the contents thereof; that the same is true
				  to the knowledge of deponent except as to the matters therein stated to be
				  alleged upon information and belief, and as to those matters believes it to be
				  true.
__________________________________
(Signature)
Subscribed and sworn to before me this
__________ day of ____________, 20 _________
______________________
(Signature and title of officer)
(2) Oaths. All oaths required by this Part
				may be taken before any person authorized to administer oaths by the State of
				New York.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter IV - Appeals And Other Proceedings Before the Commissioner › Part 279 - Practice On Review Of Hearings For Students With Disabilities › Section 279.8 - Pleadings and memoranda of law

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Form of pleadings and memoranda of law.
				Documents that do not comply with the form requirements listed in this section
				or the provisions of sections
				279.4,
				279.5, and
				279.6  of
				this Part may be rejected in the sole discretion of a State Review Officer. All
				pleadings and memoranda of law shall be in the following form:
(1) on 8 1/2 by 11 inches white paper of good
				quality, without erasures or interlineation materially defacing the
				pleading;
(2) typewritten in black
				ink, single sided, and text double-spaced (block quotation and footnotes may be
				single-spaced). All text, with the exception of page numbering, shall appear on
				pages containing margins of at least one inch. Text shall appear as minimum
				12-point type in the Times New Roman font (footnotes may appear as minimum
				10-point type in the Times New Roman font). Compacted or other compressed
				printing features are prohibited;
(3) pages consecutively numbered and fastened
				together; and
(4) All pleadings
				shall be signed by an attorney, or by a party if the party is not represented
				by an attorney.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter IV - Appeals And Other Proceedings Before the Commissioner › Part 279 - Practice On Review Of Hearings For Students With Disabilities › Section 279.9 - Record of the proceeding before the impartial hearing officer

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Contents of the
				hearing record. The board of education shall, whether it is the petitioner or
				the respondent, file with the Office of State Review of the State Education
				Department, a copy of the record before the impartial hearing officer as
				defined in section
				200.5(j)(5)(vi) 
				of this Title, including a copy of the due process complaint notice, a copy of
				the response to the due process complaint notice, a copy of the decision of the
				impartial hearing officer, a copy of any written interim orders, rulings, or
				decisions rendered by the impartial hearing officer, a bound copy of the
				written hearing transcript before the impartial hearing officer that includes a
				word index for the written transcript, an electronic copy of the written
				transcript, copies of prehearing conference summaries or transcripts, a copy of
				the original exhibits accepted into evidence at the hearing, an index to the
				exhibits, and a copy of any written post-hearing briefs or memoranda of law
				submitted to the impartial hearing officer. The board of education shall submit
				a signed certification with the record that the record submitted is a true and
				complete copy of the hearing record before the impartial hearing officer.
(b) Where the petitioner is a
				party other than the board of education, the board of education shall file the
				completed and certified record with the Office of State Review within 10 days
				after service of the notice of the intention to seek review. If a board of
				education fails to comply with such timeline, a State Review Officer may, at
				his or her discretion, make appropriate determinations regarding such failure,
				among them:
(1) to strike an answer, other
				responsive paper, or any part thereof, filed by such board of
				education;
(2) to dismiss a
				cross-appeal filed with the answer by such board of education;
(3) to make a finding that the board of
				education has violated the parent's right to due process; or
(4) to refer such board of education to the
				office of the State Education Department responsible for enforcing compliance
				with Article 89 of the Education Law and the provisions of this
				Title.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter IV - Appeals And Other Proceedings Before the Commissioner › Part 279 - Practice On Review Of Hearings For Students With Disabilities › Section 279.10 - Rules of practice

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Oral
				argument. In the event that a State Review Officer determines that oral
				argument is necessary, the State Review Officer shall direct that such argument
				be heard at a time and place which is reasonably convenient to the
				parties.
(b) Additional evidence. A
				State Review Officer may seek additional oral testimony or documentary evidence
				if he or she determines that such additional evidence is necessary. The
				procedures for hearings before a State Review Officer for the purpose of taking
				additional evidence shall be consistent with the requirements of section
				200.5(j)(3) 
				of this Title.
(c) Remand to an
				impartial hearing officer. A State Review Officer may remand a matter to an
				impartial hearing officer to take additional evidence or make additional
				findings.
(d) Interim
				determinations. Appeals from an impartial hearing officer's ruling, decision,
				or failure or refusal to decide an issue prior to or during a hearing shall not
				be permitted, with the exception of a pendency determination made pursuant to
				subdivision 4 of section 4404  of the Education Law. However, in an
				appeal to the Office of State Review from a final determination of an impartial
				hearing officer, a party may seek review of any interim ruling, decision, or
				failure or refusal to decide an issue.
(e) Extensions of time to answer or reply. No
				extensions of time to answer the request for review, interpose a cross-appeal,
				or to reply to an answer will be granted by the State Review Officer unless
				timely application is made therefor, upon written notice to all parties, and
				upon good cause shown, which shall be determined in the sole discretion of the
				State Review Officer. Such application shall be in writing, addressed to the
				Office of State Review, must be postmarked no later than one business day prior
				to the date on which the time to answer or reply will expire, shall set forth
				in full the reasons for the request, shall indicate whether the student is
				currently receiving special education services, and shall briefly state whether
				the other party consents to or opposes the application for extension. For the
				purposes of this subdivision, good faith settlement negotiations shall be
				deemed good cause. The time to respond to a pleading may not be extended solely
				by stipulation of the parties or their counsel.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter IV - Appeals And Other Proceedings Before the Commissioner › Part 279 - Practice On Review Of Hearings For Students With Disabilities › Section 279.11 - Computation of days within which service must be made

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Unless specifically stated otherwise, the
				term days, as used in this Part, shall mean calendar days.
(b) The date upon which personal service of
				the request for review was made upon the respondent shall be excluded in the
				computation of the period in which service of the answer or answer and
				cross-appeal must be made. If the answer or answer and cross-appeal has been
				served by mail upon petitioner or petitioner's counsel, three days shall be
				added to the period in which an answer to the cross-appeal or a reply may be
				served and filed pursuant to this Part. If the last day for service of any
				paper permitted under this Part falls on a Saturday or Sunday, service may be
				made on the following Monday; and if the last day for such service falls on a
				legal holiday, service may be made on the following business day.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter IV - Appeals And Other Proceedings Before the Commissioner › Part 279 - Practice On Review Of Hearings For Students With Disabilities › Section 279.12 - Decision of State Review Officer

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				The decision of the State Review Officer shall be based solely upon the record
				before the State Review Officer and shall be final, unless an aggrieved party
				seeks judicial review. The decision of the State Review Officer shall be
				binding upon the parties and the State Education Department with respect to the
				provision of special education to the student with a disability involved, but
				shall not constitute binding precedent in any judicial action or proceeding or
				administrative appeal in any forum whatsoever.
(b) The decision of the State Review Officer
				shall be mailed by the Office of State Review to counsel for petitioner and
				respondent, parties appearing without counsel, and the superintendent of the
				school district involved as a party in the appeal or the superintendent's
				designee. The superintendent, or the superintendent's designee, shall forward a
				copy of the decision as soon as practicable to the principal and chairperson of
				the committee on special education of the school involved in developing the
				most recent individualized education program (IEP) that was in contention in
				the appeal.
(c) The decision of a
				State Review Officer shall be final with respect to the parties involved except
				as provided in section
				200.5(k)(3) 
				of this Title, provided, however, that this subdivision shall not preclude the
				Office of State Review from correcting typographical or clerical errors in a
				decision. Such corrections cannot result in a change to the factual or legal
				basis of the State Review Officer's decision.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter IV - Appeals And Other Proceedings Before the Commissioner › Part 279 - Practice On Review Of Hearings For Students With Disabilities › Section 279.13 - Limitation of time for initiation of appeal

Current through Register Vol. 46, No. 28, July 10, 2024
A request for review to a State Review Officer must be served
				  and filed within the timelines specified in section
				  279.4  of
				  this Part. A State Review Officer may dismiss sua sponte a late request for
				  review or, in his or her sole discretion, may excuse a failure to timely serve
				  or file a request for review within the time specified for good cause shown.
				  The reasons for such failure shall be set forth in the request for
				  review.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter IV - Appeals And Other Proceedings Before the Commissioner › Part 279 - Practice On Review Of Hearings For Students With Disabilities › Section 279.14 - Pre-review conference

Current through Register Vol. 46, No. 28, July 10, 2024
Staff of the Office of State Review may schedule and direct
				  the attorneys for the parties, and any unrepresented party, to participate in a
				  pre-review telephone conference with staff counsel. The purpose of the
				  conference is to consider the possibilities of settlement, to simplify the
				  issues, to resolve procedural problems, or to discuss any matters which may aid
				  in the expeditious disposition of the appeal. In the absence of good cause, the
				  failure of a petitioner's attorney, or of an unrepresented petitioner, to
				  attend and participate in a scheduled pre-review conference shall result in
				  dismissal of the request for review by the State Review Officer.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter IV - Appeals And Other Proceedings Before the Commissioner › Part 279 - Practice On Review Of Hearings For Students With Disabilities › Section 279.15 - Electronic Submissions

Current through Register Vol. 46, No. 28, July 10, 2024
Notwithstanding any other requirement of this Part, a State
				  Review Officer may, in his or her discretion, authorize the filing of a party's
				  pleading, memoranda of law, supporting documents, or the record of the
				  proceedings before the impartial hearing officer though electronic means where
				  such filings cannot be timely made due to the COVID-19 crisis.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter IV - Appeals And Other Proceedings Before the Commissioner › Part 280 - Overlapping State And Federal Requirements › Section 280.1 - Scope of part

Current through Register Vol. 46, No. 28, July 10, 2024
This Part is intended to establish the procedure for
				  determinations pursuant to section 206 of the State Administrative Procedure
				  Act concerning whether compliance with a Federal requirement will be accepted
				  as compliance with a similar State requirement.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter IV - Appeals And Other Proceedings Before the Commissioner › Part 280 - Overlapping State And Federal Requirements › Section 280.2 - Procedure

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Petition. In
				order to obtain a determination pursuant to section 206 of the State
				Administrative Procedure Act, a person shall file with the Office of Counsel,
				New York State Education Department, State Education Building, Albany, NY
				12234, a petition, verified in the manner set forth in section
				275.6 
				of this Title. Such petition shall contain:
(1) a specific citation of the State statute
				or rule involved;
(2) a specific
				citation of the Federal requirement involved; and
(3) a clear and concise statement of the
				reason petitioner asserts that compliance with the Federal requirement should
				be accepted as compliance with the State requirement.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter IV - Appeals And Other Proceedings Before the Commissioner › Part 281 - Appeals To Commissioner Pursuant To Education Law Section 3020(3) › Section 281.1 - Scope of part

Current through Register Vol. 46, No. 28, July 10, 2024
The provisions of this Part shall apply only to an appeal to
				  the Commissioner of Education pursuant to Education Law section 3020(3), which
				  authorizes the City School District of the City of New York and any employee
				  organization representing employees or titles that are or were covered by any
				  memorandum of agreement executed by such city school district and the Council
				  of Supervisors and Administrators of the City of New York on or after December
				  1, 1999 to negotiate agreements that modify or replace the provisions of
				  Education Law sections 3020-a and 2590-j(7) and directs the commissioner to
				  review appeals brought according to the terms of such
				  agreements.