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OFFICE OF COUNSEL

Providing the Regents, Commissioner and Department staff with legal counsel and services to enable them to establish education policy and comply with the law

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NOTE: This office is counsel to the Board of Regents, the Commissioner of Education and the State Education Department. We cannot provide legal opinions, advice or research services to the public. Such requests should be directed to your attorney.  We regret that we cannot respond to e-mails to this office seeking such advice.

* 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. 

Appeals to the Commissioner

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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.

Charters and Regents

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Education Law §216 gives the Board of Regents broad authority to incorporate educational institutions by issuing them either a Regents charter or a Regents certificate of incorporation.

Guidance Rules Regs

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Office of Counsel provides guidance documents on educational topics, as well as indices to recently adopted rules of the Board of Regents and regulations of the Commissioner