Appeals to the Commissioner
*Pursuant to 8 NYCRR 275.16 (limitation of time for initiation of appeals), the Commissioner in his/her discretion may excuse a failure to commence an appeal within the time specified for good cause show and the reasons for such failure shall be set forth in the petition.? The Commissioner understands that circumstances presented by the COVID-19 crisis, including but not limited to the closure of schools, may inhibit the timely commencement of an appeal by certain petitioners.? If such circumstances arise, all petitioners are reminded to set forth the reasons for such failure in the petition.? ? ?
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(Pursuant to Education Law §§ 310 and 306)
Education Law §310 provides that persons considering themselves aggrieved by an action taken at a school district meeting or by school authorities may appeal to the Commissioner of Education for a review of such action. In addition, Education Law §306 allows the Commissioner of Education to remove a trustee, member of a board of education and certain other school officers for wilful misconduct or neglect of duty.
Procedures for the presentation and defense of such appeals and for the conduct of proceedings for the removal of school officials are contained in regulations of the Commissioner of Education. Special procedures apply to appeals involving homeless children and youth (Information on filing an appeal involving homeless children and youth). Effective December 21, 2010, special procedures apply to appeals involving New York City charter school location/co-location and building usage plans (Information on filing an appeal involving New York City charter school location/co-location and building usage plans).
- General Information
- Instructions for Filing an Appeal (for Petitioners not Represented by an Attorney)
- Sample Forms for Filing an Appeal (for Petitioners not Represented by an Attorney)
- Questions and Answers
- Education Law and Regulations of the Commissioner of Education Relating to Appeals and Other Proceedings Before the Commissioner
- Decisions of the Commissioner of Education?(1991 to Present)