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Decision No. 16,976

Appeal of CARMEL ACADEMY from action of the New York State Education Department regarding denial of a Basic Educational Data System Code.

Decision No. 16,976

(September 28, 2016)

Jeffrey Grier, Esq., attorney for petitioner

ELIA, Commissioner.--Petitioner appeals the New York State Education Department’s (“respondent”) denial of its application for a Basic Educational Data System Number (“BEDS code”). The appeal must be dismissed. 

Petitioner operates an elementary school located in Greenwich, Connecticut.  Petitioner alleges that respondent improperly denied its application for a BEDS code on August 11, 2016. This appeal ensued.

Petitioner contends that respondent’s alleged denial of its BEDs code application is arbitrary and capricious and requests that I assign petitioner a BEDS code. 

The appeal must be dismissed for lack of jurisdiction.  It is well settled that Education Law §310 does not authorize an appeal to the Commissioner from actions taken by members of the staff of the State Education Department (Appeal of the School for Language and Communication Development, 46 Ed Dept Rep 536, Decision No. 15,586; Appeal of Friends to the Elderly, Youth & Family Ctr., Inc., 46 id. 227, Decision No. 15,489; Appeal of a Student with a Disability, 46 id. 23, Decision No. 15,429).  Such actions can only be challenged in a proceeding brought in a court of competent jurisdiction pursuant to Article 78 of the Civil Practice Law and Rules.

THE APPEAL IS DISMISSED.

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