New York Codes, Rules and Regulations
Title 8 - EDUCATION DEPARTMENT
Chapter IV - Appeals And Other Proceedings Before the Commissioner
Part 276 - RULES OF PRACTICE
Section 276.4 - Memoranda of law
Current through Register Vol. 46, No. 12, March 20, 2024
(a) Memoranda of law, consisting of the parties' arguments of law may be submitted by any party to an appeal and may be requested by the commissioner's counsel or by the commissioner. The petitioner shall serve a copy of any memorandum of law upon every other party to the appeal in the manner provided by section 275.8(b) of this Title within 40 days after service of the petition. Each respondent shall serve a copy of any memorandum of law, upon every other party in the manner provided by section 275.8(b) of this Title within 50 days after service of the petition. Reply memoranda will be accepted only with the prior approval of the commissioner. All memoranda of law shall be filed with proof of service thereof in accordance with section 275.9 of this Title. The commissioner, in his or her sole discretion, may permit the late service and filing of memoranda of law upon written application by a party, setting forth good cause for the delay and demonstrating the necessity of such memoranda to a determination of the appeal, together with proof of service of a copy of such application upon all other parties to the appeal. The commissioner may also permit an extension of time to serve and file memoranda of law upon good cause shown and upon such terms and conditions as the commissioner may specify. A party seeking an extension shall make such request to the Office of Counsel prior to the expiration of the time to serve such answer or reply. The procedures set forth in this subdivision shall not apply to charter school location/co-location appeals, which shall be governed by section 276.11 of this Part.
(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 may serve a memorandum of law in the manner provided by section 275.8(a) or (e) of this Title.
