New York Codes, Rules and Regulations
Title 8 - EDUCATION DEPARTMENT
Chapter IV - Appeals And Other Proceedings Before the Commissioner
Part 281 - Appeals To Commissioner Pursuant To Education Law Section 3020(3)
Section 281.7 - Response and record

Universal Citation: 8 NY Comp Codes Rules and Regs ยง 281.7

Current through Register Vol. 46, No. 12, March 20, 2024

(a) The chancellor and the community school district superintendent shall, within 10 days from service of the appeal:

(1) prepare a joint response, in letter format signed by respondents or respondents' counsel, that shall include the following:
(i) name of appellant;

(ii) name of respondents;

(iii) name of arbitrator;

(iv) date of arbitrator's decision;

(v) date of chancellor's decision;

(vi) a clear and concise statement, not to exceed 500 words, setting forth respondents' position with respect to appellant's claim, including any applicable defense to such claim;

(vii) citations to pages of the transcript and exhibits supporting respondents' position; and

(viii) the name, address and phone number of respondents' counsel; and

(2) serve a copy of such joint response upon the appellant or, if appellant is represented by counsel, upon appellant's counsel, and immediately transmit by first class mail the original joint response and the record of prior proceedings to the State Education Department, Office of Counsel, together with either an affidavit of personal service, in the form set forth in section 281.6(c) of this Part, or an affidavit of service by mail in the form set forth in this paragraph.

FORM FOR AFFIDAVIT OF SERVICE BY MAIL

STATE OF NEW YORK)

COUNTY OF. . . . . . . . . . .) ss:

. . . . . . . . . . . . . . . . . . ., being duly sworn, deposes and says that (s)he 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 response upon. . . . . . . . . . . . . . in this action, at. . . . . . . . . . . . . . . ., the address 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 within the State of New York.

. . . . . . . . . . . . . . . . . (signature)

Subscribed and sworn to before me

this. . . day of. . . . . . . ., 20. . .

. . . . . . . . . . . . . . . . . . . . . . . . . (signature and title of officer)

(b) The record of prior proceedings shall include but not be limited to:

(1) any submissions the parties made to the arbitrator;

(2) a transcript of the proceedings before the arbitrator, in the form specified in 22 NYCRR section 108.3, together with any exhibits;

(3) the arbitrator's written decision;

(4) any submissions the parties made to the chancellor; and

(5) the chancellor's written decision.

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