Skip to main content

Search Google Appliance

Search Google Appliance

Instructions and Summary of the provisions of Parts 275 and 276 of the Commissioner’s regulations pertaining to appeals involving homeless children and youth ONLY.

Please note: Where the regulations do not provide specific provisions for appeals involving homeless children and youth, petitioners should follow the general provision in Parts 275 and 276 for appeals brought pursuant to Education Law §310. For example, §275.16 requires that appeals be filed within 30 days of the decision or action being challenged. This applies all appeals, including those involving homeless children and youth. (Return to Education Law and Regulations of the Commissioner of Education Relating to Appeals and Other Proceedings Before the Commissioner for complete text of the regulations.)

Pleadings.
§ 275.3(d): If a petitioner submits the form petition for appeal involving homeless children and youth, it must be legible but need not be typewritten.

Names of parties or attorneys to be endorsed on all papers.
§ 275.4(b): The petitioner may endorse all pleadings and papers submitted to the Commissioner with the name, post office address and telephone number of the local educational agency liaison for homeless children and youth.

Verification. 
§ 275.5(b): The parent or guardian of a homeless child or youth or an unaccompanied youth, in lieu of verification by oath, may include in each pleading a signed statement which indicates that based on his/her information and belief the information contained in the pleading is true and an acknowledgment that he/she is aware that, pursuant to Penal Law §175.30, a person who knowingly offers a false instrument for filing to a public official or public servant is guilty of Offering a False Instrument for Filing in the 2nd Degree, a Class A Misdemeanor.

Oaths. 
§ 275.7(b):  The signed statement of a parent or guardian of a homeless child or youth or an unaccompanied youth, that the information contained in his/her petition or other pleading is true to the best of his/her knowledge and an acknowledgement that he/she is aware that, pursuant to Penal Law §175.30, a person who knowingly offers a false instrument for filing to a public official or public servant is guilty of Offering a False Instrument for Filing in the 2nd Degree, a Class A Misdemeanor, may be served or filed in the appeal in lieu of and with the same force and effect as an affidavit.

Service of pleadings and supporting papers. 
§ 275.8(e):  Service of pleadings and supporting papers in appeals regarding homeless children and youth may be made upon a school district, school district employee and/or school district officer named as a party respondent by delivering a copy of the pleadings and supporting papers to the school district's local educational agency liaison for homeless children and youth, who shall either accept service of the pleadings and supporting papers on behalf of the named school district, school district employee and/or school district officer, or effect service by mail.

Filing and fee. 
§ 275.9(b): 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 to the State Education Department 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.  The affidavit of service shall be in the form prescribed and shall indicate the name and official character of the person upon whom service was made.

§275.9(c): No fee shall be required in appeals regarding a homeless child's or youth's access to a free, appropriate public education.

Service of answer and supporting papers. 
§ 275.13(c): If petitioner so elects, respondent shall serve the answer upon the local educational agency liaison for homeless children and youth, together with all of respondent's affidavits, exhibits and other supporting papers, except a memorandum of law. In such case, the local educational agency liaison for homeless children and youth shall notify the petitioner of his/her receipt of the answer, together with all of respondent's affidavits, exhibits and other supporting papers by serving these documents upon petitioner at petitioner's last known address in the manner set forth in §275.8(b) or, upon petitioner's request, by making copies of these documents available to petitioner without cost.

Reply. 
§ 275.14(b): The petitioner shall reply to each affirmative defense contained in an answer. The reply, together with any affidavits which shall be limited to support of such reply, shall be served in the manner set forth in either §275.8(b) or (e).

Extensions of time to answer or reply. 
§ 276.3(b): The petitioner may elect to provide notice of the application for an extension of time to reply to an answer to all parties by delivering the application to the local educational agency liaison for homeless children and youth. The local educational agency liaison for homeless children and youth shall mail the application to all adverse parties and the State Education Department. The application shall be in writing, shall be postmarked not later than five days prior to the date on which the time to reply will expire, and shall set forth in full the reasons for the request.

Memoranda of law. 
§ 276.4(b):  Memoranda of law may be served in the manner provided by either §275.8 (b) or (e) of the Commissioner’s regulations.

Additional affidavits, exhibits and other supporting papers. 
§ 276.5(b): Affidavits, exhibits and other supporting papers may be served in accordance with either §275.8(b) or (e) or §275.13(b) of the Commissioner’s regulations

Decisions to be filed. 
§ 276.7(b): A copy of the Commissioner’s decision will be forwarded by the State Education Department to the local educational agency liaison for homeless children and youth.

Reopening of a prior decision. 
§ 276.8(e): An application to reopen a decision may be served in the manner set forth in either §275.8(b) or (e) of the Commissioner’s regulations. Service of affidavits in opposition to an application to reopen shall be served in accordance with the provisions of either §275.8(b) or (e) or §275.13(b).