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 275.8 - Service of pleadings and supporting papers

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Petition. A copy of the petition,
				together with all of petitioner's affidavits, exhibits, and other supporting
				papers, except a memorandum of law (unless the appeal is a charter school
				location/co-location appeal pursuant to section
				276.11 
				of this Title, in which case the memorandum of law shall be served with the
				petition) or an affidavit in support of a reply, shall be personally served
				upon each named respondent, or, if a named respondent cannot be found upon
				diligent search, by delivering and leaving the same at the respondent's
				residence with some person of suitable age and discretion, between six o'clock
				in the morning and nine o'clock in the evening, or as otherwise directed by the
				commissioner. If a school district is named as a party respondent, service upon
				such 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 of such school district, 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. If a board of cooperative educational services
				is named as a party respondent, service upon such board shall be made
				personally by delivering a copy of the petition to the district superintendent,
				to a person in the office of the district superintendent who has been
				designated by the board to accept service, or to any member of the board of
				cooperative educational services. Pleadings may be served by any person not a
				party to the appeal over the age of 18 years. If the last day for service of
				the petition 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.
(b) Subsequent pleadings and papers. All
				subsequent pleadings and papers shall be served upon the adverse party or, if
				the adverse party is represented by counsel, upon such party's attorney. When
				the same attorney appears for two or more parties, only one copy need be served
				upon such attorney. Except as provided in section
				276.11 
				of this Title for charter school location/co-location appeals, service of all
				pleadings subsequent to the petition shall be made by United States mail, by
				private express delivery service or by personal service; service by mail shall
				be complete upon deposit of the paper enclosed in a postpaid properly addressed
				wrapper, in a post office or official depository under the exclusive care and
				custody of the United States Postal Service. Service by private express
				delivery shall be complete upon delivery of the pleading or paper enclosed in a
				properly addressed wrapper to an employee or agent of such private express
				delivery service or by deposit of such pleading or paper, properly addressed
				and wrapped, in a depository of such private express delivery service. If the
				last day for service of any pleading or paper subsequent to the petition 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.
(c)
				Award of bid. If an appeal involves the award of a contract pursuant to article
				5-A of the General Municipal Law or pursuant to subdivision 14 of section 305  of the Education Law, and a party other
				than the petitioner has been designated as the successful bidder or has been
				awarded a contract, such successful bidder must be joined as a respondent and
				must be served with a copy of the petition. In such case, the respondent board
				of education or board of trustees shall forward to the commissioner, within 20
				days after service of the petition on appeal, a copy of the notice to bidders
				together with proof of publication thereof, a copy of the specifications and
				copies of all bids or proposals.
(d) Disputed elections. If an appeal involves
				the validity of a school district meeting or election, or the eligibility of a
				district officer, a copy of the petition must be served upon the trustee or
				board of trustees or board of education as the case may be, and upon each
				person whose right to hold office is disputed and such person must be joined as
				a respondent. In such case, except where the eligibility of a district officer
				is involved, any qualified voter may serve and file an answer in such appeal
				whether or not the trustee or board of trustees or board of education serves
				and files an answer therein.
(e)
				Alternative service in appeals regarding the education of homeless children.
				Notwithstanding the provisions of subdivisions (a) and (b) of this section,
				service of pleadings and supporting papers in appeals regarding a homeless
				child's or youth's access to a free, appropriate public education pursuant to
				section
				100.2(x) 
				of this Title may be made upon a school district, school district employee
				and/or school district officer named as a party respondent by delivering a copy
				of the pleadings and supporting papers to the school district's local
				educational agency liaison for homeless children and youth. The local
				educational agency liaison for homeless children and youth shall either accept
				service of the pleadings and supporting papers on behalf of the named school
				district, school district employee and/or school district officer, or effect
				service by mail by mailing the petition, petitioner's affidavits, exhibits, and
				other supporting papers to the named school district employee, school district
				officer and/or a person in the office of the superintendent who has been
				designated by the board of education to accept service on behalf of the school
				district, and by mailing all subsequent pleadings and papers to the adverse
				party or, if the adverse party is represented by counsel, to the party's
				attorney. When the same attorney appears for two or more parties, only one copy
				need be served upon the attorney.
(f) Alternative service during the State of
				emergency declared by the Governor pursuant to an Executive Order during the
				COVID-19 crisis. Notwithstanding subdivision (a) of this section, when personal
				service cannot be made during the State of emergency declared by the Governor
				pursuant to an Executive Order regarding the COVID-19 crisis, a party may serve
				pleadings and supporting papers by the following alternative means: (1) by
				mailing the petition, notice of petition and all supporting papers by first
				class mail in an envelope bearing the legend "APPEAL TO THE COMMISSIONER OF
				EDUCATION" (in capitalized letters) to an individual respondent at his or her
				last known residence or place of business, or in the case of a school district,
				to the attention of the district clerk and superintendent of schools, or, in
				the case of a board of cooperative educational services, to the attention of
				the district superintendent and the board; and (2) on the same date as the
				mailing, emailing the petition, notice of petition and all supporting papers
				under the subject heading "APPEAL TO THE COMMISSIONER OF EDUCATION" (in
				capitalized letters) to such person, or in the case of a school district, to
				both the district clerk and superintendent of schools, or, in the case of a
				board of cooperative educational services, to the district superintendent and
				the board. Service shall be deemed complete upon the completion of both steps
				identified above. Proof of service shall thereafter be filed with the
				Department as set forth in section
				275.9  of this
				Part.