reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter V - Office Of Vocational Rehabilitation › Part 247 - Client Services › Section 247.2 - Administrative review, mediation and impartial hearing

Current through Register Vol. 46, No. 28, July 10, 2024
(a) This section governs the conduct of the
				  administrative review and impartial hearing process in the Office of Vocational
				  and Educational Services for Individuals with Disabilities, through which
				  individuals with disabilities can, upon request, obtain mediation or a review
				  of actions taken by the Office of Vocational and Educational Services for
				  Individuals with Disabilities.
(b)
				  Individual rights in connection with appeals process. All individuals shall
				  have the right to request a prompt review or mediation concerning
				  determinations made by agency personnel that affect the provision of vocational
				  rehabilitation services to applicants or eligible individuals.
(c) Notification of policy. The policy
				  established by this Part shall be communicated through appropriate modes of
				  communication to all applicants and eligible individuals through at least the
				  following means:
(1) Written and other types
				  of material identifying the individual's rights and obligations, and containing
				  instructions for initiating a review or seeking mediation, shall be given to
				  all individuals who apply for service and shall be available without asking at
				  all field office waiting areas.
(2)
				  A statement of individual appeal rights shall be included on, or attached to,
				  the following forms: the application for service, individualized plan for
				  employment, and letters sent to individuals upon case closure.
(3) At the initial meeting with the
				  interviewer and counselor, and at the time of potential impasse situations,
				  individuals shall be counselled about their rights and the actions necessary to
				  begin the review process. They shall be provided information about the manner
				  in which an impartial hearing officer will be selected, and the names and
				  addresses of persons with whom appeals may be filed.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter V - Office Of Vocational Rehabilitation › Part 247 - Client Services › Section 247.3 - Administrative review and mediation

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Time limitation for requesting
				  administrative review. Requests for administrative review shall be made no
				  later than 90 days after the individual is informed of the agency decision or
				  action which the individual seeks to review.
(b) Requesting an administrative review or
				  mediation.
(1) A request for administrative
				  review or mediation shall be made in writing to the district office at which
				  the individual has received or applied for service.
(2) If the individual is unable to write, the
				  request shall be taken in dictation at the district office, upon request by the
				  individual.
(3) Each request shall
				  be signed by the individual or representative or, in the event the request was
				  taken in dictation, the request shall be witnessed by two agency
				  employees.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter V - Office Of Vocational Rehabilitation › Part 247 - Client Services › Section 247.4 - Impartial hearing

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  Request for an impartial hearing. A request for an impartial hearing shall be
				  made no later than 90 days after the individual is informed of the agency' s
				  decision or action which the individual seeks to review. Any request for
				  administrative review shall be considered a request for an impartial hearing as
				  well.
(b) Scheduling of an
				  impartial hearing. Upon receipt of a request for review, a hearing officer
				  shall be appointed by the deputy commissioner. The hearing officer shall set a
				  date, time and site for the hearing convenient for all parties. The date set
				  shall be within 60 days of the receipt of the request for an impartial
				  hearing.
(c) Notice. Notice of the
				  scheduled impartial hearing shall be mailed to all parties. The notice shall
				  include the time, date, place and nature of the hearing, the identity of the
				  hearing officer, a statement of the legal authority and jurisdiction under
				  which the hearing is to be held, a reference to pertinent statutes,
				  regulations, or agency policy involved, and a short statement of matters
				  asserted. An explanation of the hearing procedure and the individual's right to
				  representation shall be included with the notice.
(d) Request for rescheduling. Prior to the
				  day on which an impartial hearing is scheduled, a hearing officer:
(1) may, with the consent of the parties,
				  change the date, time or place of the hearing, and shall give written notice to
				  the parties; or
(2) shall, upon a
				  showing of good cause by either party, reschedule the hearing.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter V - Office Of Vocational Rehabilitation › Part 247 - Client Services › Section 247.5 - Confidentiality of personal information

Current through Register Vol. 46, No. 28, July 10, 2024
The agency shall hold as confidential all information
					 concerning persons applying for or receiving vocational rehabilitation
					 services, given or made available to the agency, its representatives or its
					 employees, in the course of the administration of the vocational rehabilitation
					 program. All applicants and eligible individuals and, as appropriate, those
					 individuals' representatives, service providers, cooperating agencies, and
					 interested persons will be informed through appropriate modes of communication
					 of the confidentiality of personal information and the conditions for accessing
					 and releasing this information and of the agency's need to collect personal
					 information and the policies governing its use.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter V - Office Of Vocational Rehabilitation › Part 247 - Client Services › Section 247.6 - Eligibility for vocational rehabilitation services

Current through Register Vol. 46, No. 28, July 10, 2024
(a) General provisions.
(1) The eligibility requirements will be
				  applied without regard to the following: gender, race, age, creed, color,
				  national origin, type of disability, particular service needs, anticipated cost
				  of services or income level of the applicant or his or her family.
(2) No duration of residence requirement,
				  which excludes from services any individual who is present in the State, will
				  be imposed.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter V - Office Of Vocational Rehabilitation › Part 247 - Client Services › Section 247.7 - Order of selection

Current through Register Vol. 46, No. 28, July 10, 2024
In the event that the Education Department, hereinafter
					 referred to as the agency, is unable to provide vocational rehabilitation
					 services to all eligible individuals with disabilities throughout a Federal
					 fiscal year, the agency will provide such services to eligible persons in the
					 order of priority established in this section.
(a) Operation of order of selection.
(1) The use of an order of selection of
				  individuals for vocational rehabilitation services shall not affect the
				  provision of services to the following individuals:
(i) persons determined by the agency as
				  eligible for vocational rehabilitation services prior to the date when the
				  agency determines that an order of selection of applicants shall be
				  implemented; and
(ii) persons in
				  extended evaluation prior to the date when the agency determines that an order
				  of selection of applicants shall be implemented.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter V - Office Of Vocational Rehabilitation › Part 247 - Client Services › Section 247.8 - Assessment for determining eligibility and vocational rehabilitation needs

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Review and
				  assessment of data for eligibility determination.
(1) In order to determine whether any
				  individual is eligible for vocational rehabilitation services, the agency will
				  base its eligibility determination on:
(i) a
				  review of existing data, including counselor observations, education records,
				  information provided by the individual or the individual's family, information
				  used by the Social Security Administration, and determination made by officials
				  of other agencies; and
(ii) if
				  existing data are insufficient, the provision of appropriate assessment
				  activities to obtain additional data that are necessary to determine whether an
				  individual is eligible.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter V - Office Of Vocational Rehabilitation › Part 247 - Client Services › Section 247.9 - Decision on eligibility or ineligibility

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Determination of eligibility.
(1) At the time an applicant is determined to
				  be eligible for vocational rehabilitation services, the agency will determine
				  in writing that the applicant has met the basic eligibility requirements
				  specified in section
				  247.6 
				  of this Part.
(2) Such
				  certification shall be dated and signed by agency staff.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter V - Office Of Vocational Rehabilitation › Part 247 - Client Services › Section 247.10 - Individual record of services

Current through Register Vol. 46, No. 28, July 10, 2024
The New York State Education Department will maintain for
					 each applicant or individual eligible for vocational rehabilitation services a
					 separate record of services which includes information required by Federal
					 statute and regulation. At the time of application and as appropriate
					 thereafter, the agency will describe its policies on recordkeeping to the
					 individual, including the individual's right to access to his or her records.
					 Should an individual request deletion or correction of a part of his or her
					 record, the agency shall do so if it finds that the item in the record is
					 inaccurate, but not otherwise.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter V - Office Of Vocational Rehabilitation › Part 247 - Client Services › Section 247.12 - Financial need

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Purpose.
				  The agency's limited financial resources shall be allocated to maximize
				  provision of vocational rehabilitation services to those eligible individuals
				  with the greatest financial need. The determination of financial need shall be
				  considered an integral part of the rehabilitation planning process for eligible
				  individuals receiving vocational rehabilitation services.
(b) Eligible individuals exempt from
				  financial need requirements.
(1) The
				  following individuals shall not be subject to a financial needs test:
(i) public assistance recipients for whom
				  verification of receipt of assistance has been received by the agency;
				  and
(ii) persons determined
				  eligible for Social Security benefits under title II or XVI of the Social
				  Security Act.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter V - Office Of Vocational Rehabilitation › Part 247 - Client Services › Section 247.13 - Services available to individuals

Current through Register Vol. 46, No. 28, July 10, 2024
The agency will maintain written policies covering the
					 scope and nature of each of the vocational rehabilitation services available
					 and the criteria, under which each service will be provided to achieve an
					 employment outcome. Services will be based on the rehabilitation needs of the
					 individual and will be consistent with the individual's informed choice. The
					 following vocational rehabilitation services shall be available to individuals
					 as components of a planned vocational program, subject to the conditions set
					 forth in section
					 247.14 
					 of this Part:
(a) assessment for
				  determining eligibility, priority for services and vocational rehabilitation
				  needs;
(b) vocational
				  rehabilitation counseling, guidance and referral;
(c) physical and mental restoration
				  services;
(d) vocational and other
				  training services;
(e)
				  maintenance;
(f)
				  transportation;
(g) vocational
				  rehabilitation services to members of an individual's family necessary to
				  enable the individual to achieve an employment outcome;
(h) interpreter services for individuals who
				  are deaf and tactile interpreting services for individuals who are
				  deaf-blind;
(i) reader services,
				  rehabilitation teaching services, and orientation and mobility services for
				  individuals who are blind;
(j)
				  recruitment and training services to provide new employment opportunities in
				  rehabilitation, health, welfare, public safety, law enforcement and other
				  appropriate public service employment;
(k) job-related services, including job
				  search and placement assistance, job retention services, follow-up services,
				  and follow-along services;
(l)
				  post-employment services;
(m)
				  occupational licenses, tools, equipment, initial stocks and supplies;
(n) personal assistance services;
(o) supported employment services;
(p) rehabilitation technology;
(q) transition services; and
(r) other goods and services necessary for
				  the individual with a disability to achieve an employment outcome.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter V - Office Of Vocational Rehabilitation › Part 247 - Client Services › Section 247.14 - Requirements relating to specific services

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Assessment services. The agency will
				  conduct an assessment for determining eligibility and the priority for services
				  if the agency is operating under an order of selection. The assessment must be
				  conducted in the most integrated setting possible, consistent with the
				  individual's needs and informed choice.
(b) Home modification, adaptive and household
				  equipment. The agency shall provide home modifications and adaptive and
				  household equipment to meet the functional needs of an individual in the home,
				  if such service is required within the context of the individualized plan for
				  employment. Such services shall be provided only if the following conditions
				  are met:
(1) the individual is in trial work
				  experience or the active caseload;
(2) the services are included in the
				  individualized plan for employment, and are consistent with the employment
				  outcome of the program and any limitations established in writing by the agency
				  for the provision of such services to individuals with such an employment
				  outcome;
(3) the need for the
				  service has been evaluated by a qualified home economist, occupational
				  therapist, registered nurse, counselor or other professional with a background
				  and training in home evaluation;
(4) the owner of a building affected by
				  modifications or installation of equipment has given written permission for
				  such actions;
(5) the individual
				  has given written assurance that the building is intended to be his or her
				  long-term residence;
(6) the
				  modifications or installation of equipment were not contracted or initiated
				  prior to the completion of the individualized plan for employment;
(7) the costs of modifications, adaptive
				  equipment and household equipment do not exceed maximum expenditures for such
				  services established by the agency in writing unless waived by the
				  agency;
(8) the individual meets
				  criteria for financial need; and
(9) the full use of available comparable
				  benefits has been planned prior to the provision of services using agency
				  funds.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter V - Office Of Vocational Rehabilitation › Part 247 - Client Services › Section 247.15 - Audits of service providers

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Scope. Field audits will be conducted by
				  the Office of Vocational and Educational Services for Individuals with
				  Disabilities, hereinafter referred to as the agency, to review, investigate,
				  advise and report upon the financial and operating practices and program
				  performance of contractors, service providers, grantees, and subgrantees
				  utilized by the agency pursuant to article 21 of the Education Law.
(b) Access to records. All such contractors,
				  service providers, grantees and subgrantees shall make all records, books,
				  reports, computer programs and files, documents and papers which, in the
				  opinion of the auditors, are pertinent to the conduct of an audit as set forth
				  under this section, available to any agency auditor, upon request for the
				  purpose of making audit, examination, excerpts and transcripts.
(c) Audit provision. All contracts,
				  subcontracts, and authorization/vouchers issued pursuant to article 21 of the
				  Education Law will include a provision for audit of the contractor, service
				  provider, grantee or subgrantee by the agency.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter V - Office Of Vocational Rehabilitation › Part 247 - Client Services › Section 247.16 - Approval of vendors of goods and services furnished in connection with a program of vocational rehabilitation and basis for rates charged

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Purpose. The
				  purpose of this section is to establish general and specific provisions for
				  approval of vendors of goods and services other than community rehabilitation
				  programs and for establishing a basis for the rates to be charged.
(b) Definitions. As used in this section:
(1) Agency means the New York State Education
				  Department, Office of Vocational and Educational Services for Individuals with
				  Disabilities.
(2) Personal
				  assistance services means the provision of a range of services designed to
				  assist the individual to perform daily living activities on or off the job that
				  the individual would typically perform without assistance if the individual did
				  not have a disability. The services must be designed to increase the
				  individual's control in life and ability to perform everyday activities on or
				  off the job. The services must be necessary to the achievement of an employment
				  outcome and may be provided only while the individual is receiving other
				  vocational rehabilitation services.
(3) Home study means enrollment and study
				  with an educational institution which provides lesson materials prepared in a
				  sequential and logical order for study by a student on his or her
				  own.
(4) Interpreter means an
				  individual who possesses skill in the language of signs and fingerspelling, can
				  convey a hearing person's message to a deaf person, and can convey a deaf
				  person's message to a hearing person.
(5) Prosthetic device vendor means an
				  individual who provides artificial substitutes for missing body parts such as
				  an arm, leg, eye or tooth, used for functional and/or cosmetic
				  reasons.
(6) Wheelchair accessible
				  van means any motor vehicle equipped with a powered lift or ramp designed for
				  the purpose of transporting persons in wheelchairs or containing any other
				  physical device or alteration designed to permit access to and enable the
				  transportation of persons with physical disabilities.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter V - Office Of Vocational Rehabilitation › Part 247 - Client Services › Section 247.17 - Transportation services

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  Purpose. The purpose of this section is to establish standards for individuals,
				  partnerships or corporations engaged in providing transportation to individuals
				  by motor vehicles which are specially designed and equipped to transport
				  persons with disabilities who do not require emergency care while in
				  transit.
(b) Definitions.
(1) Special transportation carriers mean
				  vendors who operate motor vehicles which are specially designed and properly
				  equipped to transport invalid, infirm or disabled persons.
(2) Agency means the Office of Vocational and
				  Educational Services for Individuals with Disabilities of the New York State
				  Education Department.
(3)
				  Nonambulatory individuals mean persons who are restricted to a wheelchair,
				  stretcher, or similar conveyance for purposes of mobility.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter V - Office Of Vocational Rehabilitation › Part 247 - Client Services › Section 247.18 - Waiver

Current through Register Vol. 46, No. 28, July 10, 2024
The agency shall grant a waiver to an eligible individual
					 of any maximum amount, maximum allowance or other cost and/or duration limit
					 established in this Part, upon a finding by the agency that such cost and/or
					 duration limit, if made applicable to such individual, would effectively deny
					 his or her access to services necessary to achieve an employment outcome. A
					 request for a waiver shall be submitted in a form prescribed by the
					 commissioner.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter V - Office Of Vocational Rehabilitation › Part 248 - Service Centers For Independent Living › Section 248.1 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
As used in this Part:
(a) Agency means the New York State Education
				  Department, Office of Vocational and Educational Services for Individuals with
				  Disabilities.
(b) Center means a
				  service center for independent living, as defined in section 1121 (1)  of the Education
				  Law.
(c) Disabled person means an
				  individual whose ability to function independently in family or community, or
				  whose ability to engage or continue in employment, is so limited by the
				  severity of his or her physical or mental disability that services as listed in
				  subdivision (c) of section
				  248.2 
				  of this Part are required in order to enable such individual to achieve a
				  greater level of independence in functioning in family, community or
				  employment.
(d) State financial
				  assistance means financial assistance provided to centers under the provisions
				  of section 1124 (1)  of the Education
				  Law.
(e) Project year means the
				  period from July 1st through the following June 30th.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter V - Office Of Vocational Rehabilitation › Part 248 - Service Centers For Independent Living › Section 248.2 - Eligibility for approval of center

Current through Register Vol. 46, No. 28, July 10, 2024
To be eligible for approval for State financial assistance,
					 a center shall:
(a) provide services
				  from facilities which are free of architectural and communication barriers or
				  submit a satisfactory plan for the elimination of such barriers;
(b) provide staff which the agency determines
				  to be qualified to deliver the program components identified in the budget
				  request and specified in the contract;
(c) provide services designed to meet the
				  needs of disabled persons such as:
(1) peer
				  counseling;
(2) housing
				  assistance;
(3) information and
				  assistance in obtaining or coordinating delivery of services from other
				  sources;
(4) service referral,
				  including attendant, reader, transportation and employment referral;
(5) advocacy;
(6) transportation;
(7) independent living skills counseling and
				  training;
(8) equipment maintenance
				  and repair;
(9) telecommunication
				  relay service;
(10) health care and
				  homemaker services;
(11) job
				  training; and
(12) such other
				  services as may be approved by the agency;
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter V - Office Of Vocational Rehabilitation › Part 248 - Service Centers For Independent Living › Section 248.3 - Receipt of state financial assistance

Current through Register Vol. 46, No. 28, July 10, 2024
To receive State financial assistance, centers
					 shall:
(a) satisfy the eligibility
				  requirements set forth in section
				  248.2 
				  of this Part;
(b) submit annually a
				  budget request which identifies estimated fiscal needs for the current project
				  year, and projections of fiscal needs for the next project year. The budget
				  request shall be submitted to the agency on a date and on forms prescribed by
				  the agency, and shall include detailed estimates of expenditures according to
				  the following categories:
(1) salaries of
				  personnel;
(2) fringe benefit
				  costs;
(3) travel (staff, board
				  members, client);
(4)
				  equipment;
(5) supplies;
(6) construction;
(7) alterations/renovation;
(8) communications (telephone,
				  postage);
(9) consultant
				  services;
(10) other contractual
				  services; and
(11) other
				  costs;
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter V - Office Of Vocational Rehabilitation › Part 248 - Service Centers For Independent Living › Section 248.4 - Allocation of state financial assistance

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The allocation of State financial
				  assistance shall be based on the following criteria:
(1) methodology to be employed by the
				  center;
(2) number of individuals
				  to be served;
(3) variety of
				  services to be provided;
(4) extent
				  of involvement of disabled persons in center management and staffing;
				  and
(5) reasonableness of the
				  anticipated cost of the project.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter V - Office Of Vocational Rehabilitation › Part 248 - Service Centers For Independent Living › Section 248.5 - Reporting

Current through Register Vol. 46, No. 28, July 10, 2024
Each center shall:
(a) submit to the agency quarterly reports on
				  a date and in a form prescribed by the agency;
(b) submit a final report to the agency not
				  later than 30 days after the completion of each project year in accordance with
				  guidelines prescribed by the agency. Such report shall be in a form prescribed
				  by the agency and shall include the following information:
(1) a description of the objectives of the
				  center;
(2) the names of the
				  directors and the chief executive officer of the center;
(3) the number of persons, categorized by
				  disability, who received services from the center;
(4) the number and types of services
				  provided; and
(5) such additional
				  information as may be requested by the agency;
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 275.1 - Parties

Current through Register Vol. 46, No. 28, July 10, 2024
The party commencing an appeal shall be known as petitioner
				  and any adverse party, as respondent. After an appeal is commenced in
				  accordance with these rules, no party shall be joined or be permitted to
				  intervene, except by leave or direction of the Commissioner of
				  Education.
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 275.2 - Class appeals

Current through Register Vol. 46, No. 28, July 10, 2024
When allowed, an appeal may be maintained by one or more
				  individuals on their own behalf and as representatives of a class of named or
				  unnamed individuals only where the class is so numerous that joinder of all
				  members is impracticable and where all questions of fact and law are common to
				  all members of the class. Minor variations of fact shall not preclude the
				  maintenance of a class appeal when such variations are irrelevant for purposes
				  of the decision.
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 275.3 - Pleadings

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Types of
				pleadings. There shall be a petition, an answer, and, if new material is
				alleged in the answer, a reply thereto. No other pleading will be permitted,
				except as provided in subdivision (b) of this section.
(b) Additional pleadings. The commissioner
				may permit or require the service and filing of additional pleadings upon good
				cause shown and upon such terms and conditions as the commissioner may specify.
				A party seeking to file an additional pleading shall submit an application to
				the Office of Counsel, at the address specified in section
				275.9(a)  of this
				Part, which shall state the reason(s) why such pleading is necessary and
				include a copy of the proposed pleading, together with proof of service of the
				application and the proposed pleading upon all parties in accordance with
				section 275.8(b)  of this
				Part. The provisions of this subdivision shall not apply to a charter school
				location/co-location appeal pursuant to section
				276.11  of this Title.
(c) Form of pleadings. Documents that do not
				comply with the requirements of this section may be rejected in the sole
				discretion of the Commissioner. All pleadings and affidavits shall set forth
				the allegations of the parties in numbered paragraphs. Such pleadings shall be
				addressed "To the Commissioner of Education," and shall be filed in accordance
				with the provisions of section
				275.9  of this Part. All pleadings
				and affidavits, unless an exception is granted by the Commissioner, shall be
				submitted in the following form:
(1)
				typewritten in black ink, on single-sided pages, and text doublespaced (block
				quotations and footnotes may be single-spaced), on white paper 8 1/2 by 11
				inches in size;
(2) all text,
				except page numbers, shall appear on pages containing margins of at least one
				inch. Text shall appear as minimum 12-point type in a legible font (serif
				preferred). Footnotes may appear as 10-point or 12-point type;
(3) pages consecutively numbered;
				and
(4) the petition, stay
				opposition, answer, or reply shall not exceed 15 pages in length; a memorandum
				of law shall not exceed 30 pages in length. Parties seeking to exceed these
				limitations may submit a written request in the manner described in Section
				275.3(b).
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 275.4 - Names of parties or attorneys to be endorsed on all papers

Current through Register Vol. 46, No. 28, July 10, 2024
(a) All pleadings and papers submitted to the
				commissioner in connection with an appeal must be endorsed with the name, post
				office address and telephone number of the party submitting the same, or, if a
				party is represented by counsel, with the name, post office address and
				telephone number of the party's attorney.
(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, if the petitioner is the parent or guardian of a homeless child
				or youth or unaccompanied youth as defined in section
				100.2(x) 
				of this Title, the petitioner, in lieu of such endorsement, may endorse all
				pleadings and papers submitted to the commissioner in connection with an appeal
				with the name, post office address and telephone number of the local
				educational agency liaison for homeless children and youth.
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 275.5 - Verification

Current through Register Vol. 46, No. 28, July 10, 2024
(a) All pleadings
				shall be verified. The petition shall be verified by the oath of at least one
				of the petitioners, except that when the appeal is taken by the trustee or the
				board of trustees or 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 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. If the appeal is brought from
				the action of the trustee or board of trustees or 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. When a party is a corporation, limited
				liability company (LLC), limited liability partnership (LLP), or other business
				entity, the verification shall be made by an officer or other authorized
				representative thereof. A reply shall be verified in the manner set forth for
				the verification of an answer.
(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, in lieu of verifying his/her pleading(s) pursuant to subdivision
				(a) of this section, may include in each pleading a statement that is signed by
				such parent or guardian or unaccompanied youth and which indicates that based
				on his/her information and belief the information contained in the pleading is
				true and an acknowledgment that he/she is aware that, pursuant to Penal Law
				section 175.30, a person who knowingly offers a false instrument for filing to
				a public official or public servant is guilty of Offering a False Instrument
				for Filing in the 2nd Degree, a Class A Misdemeanor.
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 275.6 - Affidavit of verification

Current through Register Vol. 46, No. 28, July 10, 2024
The affidavit of verification shall be in the following
				  form:
STATE OF NEW YORK
COUNTY OF ____ ss.:
__________ being duly sworn, deposes and says that he/she is
				  __________ in this proceeding; that he/she 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 he/she believes it to be true.
(Signature)
(In the case of a corporation, LLC, LLP, or other business
				  entity, include the title of officer or authorized representative signing the
				  affidavit of verification)
Subscribed and sworn to
				  before..............................................................................
me this ____ day of ____
				  .......................................................................
20
				  __..........................................................................................
________........................................
Signature of notary public
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 275.7 - Oaths Before Notary Publics

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				The verification required by subdivision (a) of section
				275.5  of this part shall be
				notarized by any person so authorized within the State of New York. An attorney
				affirmation sworn to under the penalty of perjury need not be
				notarized.
(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 signed statement of a parent or guardian of a homeless child or
				youth or unaccompanied youth as defined in section
				100.2(x)  of this
				Title, that the information contained in his/her petition or other pleading is
				true to the best of his/her knowledge and an acknowledgement that he/she is
				aware that, pursuant to Penal Law, section
				175.30, a person who knowingly
				offers a false instrument for filing to a public official or public servant is
				guilty of Offering a False Instrument for Filing in the 2nd Degree, a Class A
				Misdemeanor, may be served or filed in the appeal in lieu of and with the same
				force and effect as an affidavit.
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 275.10 - Contents of petition

Current through Register Vol. 46, No. 28, July 10, 2024
The petition shall contain a clear and concise statement of
				  the petitioner's claim showing that the petitioner is entitled to relief, and
				  shall further contain a demand for the relief to which the petitioner deems
				  himself/herself entitled. Such statement must be sufficiently clear to advise
				  the respondent of the nature of petitioner's claim and of the specific act or
				  acts complained of.
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 275.11 - Notice of petition

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Each
				petition must contain the following notice, except that in the case of a
				charter school location/co-location appeal pursuant to section
				276.11  of this Title, the petition
				must contain the notice prescribed in such section
				276.11  of this Title:
Notice:
You are hereby required to appear in this appeal and to
				  answer the allegations contained in the petition. Your answer must conform with
				  the provisions of the regulations of the Commissioner of Education relating to
				  appeals before the Commissioner of Education, copies of which are available at
www.counsel.nysed.gov
or from the
				  Office of Counsel, New York State Education Department, State Education
				  Building, Albany, NY 12234.
If an answer is not served and filed in accordance with the
				  provisions of such rules, the statements contained in the petition will be
				  deemed to be true statements, and a decision will be rendered thereon by the
				  commissioner.
Please take notice that such rules require that an answer to
				  the petition must be served upon the petitioner, or if the petitioner be
				  represented by counsel, upon the counsel, within 20 days after the service of
				  the appeal, 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, NY 12234.
A petition shall not be dismissed for failure to include such
				  language, but the lack thereof may excuse the submission of a late
				  answer.
(b) If a stay is
				being requested, the notice provisions of section
				276.1  of this Title shall also
				apply.
(c) If seeking removal of a
				school officer, the notice provisions of section
				277.1  of this Title shall also
				apply.
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 275.12 - Contents of answer

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The answer
				of each respondent shall contain a clear and concise statement of each
				respondent's defenses to each claim and shall either admit or deny the
				allegations of the petition. In addition, each respondent may set forth
				affirmative defenses or defenses by way of avoidance. If more than one
				respondent has been named and served and if common questions of law or fact are
				involved, the respondents, if otherwise united in interest, may submit a joint
				answer to the petition.
(b) In
				appeals involving student discipline, it shall be the responsibility of the
				board of education, board of trustees or sole trustee to include with its
				answer the record of the disciplinary hearing prepared in accordance with
				Education Law section 3214. The record shall include the transcript of the
				hearing, in either stenographic or tape recorded form, and any documents
				admitted into evidence.
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 275.13 - Service of answer and supporting papers

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Except in the case of a charter school
				location/co-location appeal pursuant to section
				276.11 
				of this Title, each respondent upon whom a copy of the petition has been served
				shall, within 20 days from the time of such service, answer the same, either by
				concurring in a statement of facts with the petitioner or by service in the
				manner set forth in section
				275.8(b) 
				of this Part of an answer, together with all of respondent's affidavits,
				exhibits and other supporting papers. The date upon which personal service was
				made upon respondent shall be excluded in the computation of the 20-day period.
				The time to answer in a charter school location/co-location appeal pursuant to
				section
				276.11 
				of this Title shall be governed by Education Law section 2853(3)(a-5) and such
				section
				276.11 
				of this Title.
(b) The
				commissioner, in his/her sole discretion, may excuse a failure to serve an
				answer within the time prescribed in subdivision (a) of this section for good
				cause shown. The reasons for such failure shall be set forth in the
				answer.
(c) Alternative service of
				answer and supporting papers 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. If petitioner so elects, respondent shall serve the answer upon
				the local educational agency liaison for homeless children and youth, together
				with all of respondent's affidavits, exhibits and other supporting papers,
				except a memorandum of law. In such case, the local educational agency liaison
				for homeless children and youth shall notify the petitioner of his/her receipt
				of the answer, together with all of respondent's affidavits, exhibits and other
				supporting papers by serving these documents upon petitioner at petitioner's
				last known address in the manner set forth in section
				275.8(b) 
				of this Part or, upon petitioner's request, by making copies of these documents
				available to petitioner without cost.
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 275.14 - Reply

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The petitioner
				shall reply to each affirmative defense contained in an answer. The reply,
				together with any affidavits which shall be limited to support of such reply,
				shall be served within 10 days after service of the answer to which it responds
				in the manner set forth in section
				275.8(b) 
				of this Part, except that a reply in a charter school location/co-location
				appeal pursuant to section
				276.11 
				of this Title shall be served within the time prescribed by such section
				276.11 
				of this Title. If an answer has been served by mail upon petitioner or
				petitioner's counsel, the date of mailing and the four days subsequent thereto
				shall be excluded in computing the 10-day period.
(b) Reply 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 shall reply to each affirmative defense contained
				in an answer. The reply, together with any affidavits which shall be limited to
				support of such reply, shall be served in the manner set forth in either
				section
				275.8(b)
				or (e)  of this Part.
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 275.15 - Representation by attorney

Current through Register Vol. 46, No. 28, July 10, 2024
An individual party may represent himself of herself in an
				  appeal before the commissioner or may be represented by an attorney. A school
				  district, corporation, LLC, LLP or other business entity shall appear only by
				  an attorney. An individual permitted to appear in administrative proceedings
				  under a practice order issued pursuant to sections 478 and
				  484  of the Judiciary Law by a department of
				  the Appellate Division of the Supreme Court of the State of New York may
				  represent a party under the supervision of the attorney of
				  record.
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 275.16 - Limitation of time for initiation of appeal

Current through Register Vol. 46, No. 28, July 10, 2024
An appeal to the commissioner must be instituted within 30
				  days from the making of the decision or the performance of the act complained
				  of. The commissioner may, in his/her discretion, and at any stage of the
				  proceedings, dismiss an untimely appeal. The commissioner, in his/her sole
				  discretion, may excuse a failure to commence an appeal within the time
				  specified for good cause shown. The reasons for such failure shall be set forth
				  in the petition.