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

Universal Citation: 8 NY Comp Codes Rules and Regs ยง 275.3

Current through Register Vol. 46, No. 12, March 20, 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).

(d) Form of pleadings for appeals regarding the education of homeless children and youth. Notwithstanding the provisions of subdivision (c) 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, and if such petitioner submits a form petition prescribed by the commissioner, the pleadings shall be legible but shall not be required to be submitted in typewritten form.

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