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Appeals to the Commissioner

*PLEASE NOTE: As of June 24, 2021, the provision in 8 NYCRR 275.8(f) for alternative service during the State of Emergency declared by the Governor pursuant to an Executive Order during the COVID-19 crisis is no longer applicable.  

(Pursuant to Education Law §§ 310 and 306)

Education Law §310 provides that 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 of such action. In addition, Education Law §306 allows the Commissioner of Education to remove a trustee, member of a board of education and certain other school officers for wilful misconduct or neglect of duty.

Procedures for the presentation and defense of such appeals and for the conduct of proceedings for the removal of school officials are contained in regulations of the Commissioner of Education. Special procedures apply to appeals involving homeless children and youth (Information on filing an appeal involving homeless children and youth). Effective December 21, 2010, special procedures apply to appeals involving New York City charter school location/co-location and building usage plans (Information on filing an appeal involving New York City charter school location/co-location and building usage plans).