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 275.9 - Filing

(a) Within five days after the service of any pleading or paper or, in the case of a charter school location/co-location appeal pursuant to section 276.11 of this Title, within the period specified in such section 276.11 of this Title, a complete electronic copy of the original, together with the affidavit of verification and an affidavit proving the service of a copy thereof, shall be transmitted to the Office of Counsel as an email attachment, in a secure digital format that cannot be edited, at the following email address:legal@nysed.gov. Provided, however, that if electronic filing cannot be accomplished, the original pleading or paper, together with the affidavit of verification and an affidavit proving the service of a copy of the pleading or paper, shall be transmitted to the Office of Counsel, New York State Education Department, State Education Building, Albany, NY 12234. The affidavit of service shall be in substantially the form set forth below and shall indicate the name and, if applicable, official title of the person upon whom service was made.

FORM FOR AFFIDAVIT OF PERSONAL SERVICE

STATE OF NEW YORK

COUNTY OF ____ss.:

______, being duly sworn, deposes and says that he/she is over the age of eighteen years and is not a party in this proceeding; that on the __ day of __, 20 __, at No.____ Street, in the town of ____, county of ______, State of New York, he/she served the annexed ____ on ____ by delivering to and leaving with said ____ at said time and place a true copy thereof.

Deponent further says he/she knew the person so served to be the said ____ who is __ in said district and who is duly authorized to accept service.

(Signature)

Subscribed and sworn to before............................................................

me this ____ day of ____, 20 _.

(Signature of notary public)

FORM FOR AFFIDAVIT OF SERVICE BY MAIL

STATE OF NEW YORK

COUNTY OF ____ ss.:

______, being duly sworn, deposes and says that he/she is over the age of eighteen years and is not a party in this proceeding; that on the __ day of __, 20 __, deponent served the within ____ upon ____ in this action, at ____, the addresses designated by ____ for that purpose, by depositing a true copy of the same by mail, enclosed in a post paid properly addressed wrapper, in __ a post office ____ official depository under the exclusive care and custody of the United States Post Office Department.

(Signature)

Subscribed and sworn to before me this day of __, 20 __

________

(Signature of notary public)

FORM FOR AFFIDAVIT OF SERVICE BY PRIVATE EXPRESS DELIVERY SERVICE

STATE OF NEW YORK

COUNTY OF ____ss.:

______, being duly sworn, deposes and says that he/she is over the age of eighteen years and is not a party in this proceeding; that on the __ day of __, 20 __, deponent served the within ____ upon ____ in this action, at ____, the addresses designated by ____ for that purpose, by:

(b) Filing in an appeal regarding the education of a homeless child or youth.

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, within five days after the receipt and/or acceptance of service of any pleading or paper from petitioner, the local educational agency liaison for homeless children and youth, shall transmit the original, together with an affidavit of such local educational agency liaison proving that he/she either accepted service of the pleading on behalf of the adverse party or served the pleading by mailing it to the adverse party, to the Office of Counsel, Education Department, State Education Building, Albany, NY 12234. The affidavit of service shall be in the form set forth below and shall indicate the name and official character of the person upon whom service was made.

FORM FOR AFFIDAVIT OF ACCEPTANCE OF PERSONAL SERVICE BY LOCAL EDUCATIONAL LIAISON FOR HOMELESS CHILDREN AND YOUTH

STATE OF NEW YORK

COUNTY OF ____ss.:

______, being duly sworn, deposes and says that he/she is the local educational agency liaison for homeless children and youth for the school district; that on the __ day of __, 20 __ he/she accepted service of the annexed ____ on behalf of ______.

(Signature)

Subscribed and sworn to before me this __ day of __, 20 _.

________

(Signature of notary public)

FORM FOR AFFIDAVIT OF SERVICE BY MAIL BY LOCAL EDUCATIONAL AGENCY LIAISON

STATE OF NEW YORK

COUNTY OF ____ss.:

______, being duly sworn, deposes and says that he/she is over the age of eighteen years and is the local educational agency liaison for homeless children and youth for the __ school district; that on the __ day of __, 20 __, deponent served the within __ upon __ in this action, at __, the address designated by __ for that purpose, by depositing a true copy of the same mail, enclosed in a post paid wrapper addressed to the named school district employee or officer 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, in __ a post office __ official depository under the exclusive care and custody of the United States Post Office Department.

(Signature)

Subscribed and sworn to before me this day of __, 20 _

________

(Signature of notary public)

(c) Repealed