Regulations of the Commissioner (8 NYCRR) Part 277 - Practice on Application for Removal of School Officer
Disclaimer | (Last amended: 12/29/21)
Section 277.1 Initiation and conduct of proceeding. The provisions of this section shall apply to a proceeding for the removal of a school officer pursuant to section 306 of the Education Law, and shall not apply to an appeal brought to challenge the results of a school district election. An application seeking the removal of a school officer must be made in accordance with Parts 275 and 276 of this Chapter, as far as possible, including the payment of the required filing fee, except
(a) the petition must distinctly state the willful violation of law, neglect of duty, or willful disobedience of a decision, order or regulation of the commissioner charged against the officer and the facts by which it is established; such facts must be set forth with such certainty as to time, place and all other pertinent details, as to furnish the officer with precise information as to what he is expected to meet; if the charge is willful disobedience of a decision or order of the commissioner, a copy thereof must be attached to the petition.
(b) the petition must include a notice to the officer in substantially the following form:
Take notice that the petition and affidavits, copies of which are herewith served upon you, will be presented to the Commissioner of Education at Albany, and application thereon made for your removal from the office of..... of ..... School District ...... of the Town of ....., ..... County, and that you are required to transmit your answer to such application, duly verified, with an affidavit of service of a copy thereof upon petitioner, to the Office of Counsel, New York State Education Department, State Education Building, Albany, N.Y. 12234, or the charges contained in such petition and affidavit will be deemed to be admitted by you.
Please take further notice that your answer must conform with the provisions of the regulations of the Commissioner of Education relating to appeals before the Commissioner, copies of which are available from the Office of Counsel, New York State Education Department, State Education Building, Albany, N.Y. 12234. Such regulations require that an answer to the petition must be served upon petitioner, or if he be represented by counsel, upon his counsel, within 20 days after the service of the petition, and that a copy of such answer must, within five days after such service, be filed with the Office of Counsel, New York State Education Department, State Education Building, Albany, N.Y. 12234.
(c) The answer of each school officer upon whom a petition has been served shall be prepared and served in accordance with the provisions of sections 275.12 and 275.13 of this Chapter.
277.2 Initiation by commissioner. Such proceeding may be instituted by the commissioner upon his own motion by the service of an order to show cause and thereafter the procedure as outlined in Parts 275 and 276 of this Chapter shall be followed so far as applicable.
277.3 Authorized hearing officers. Hearings and proceedings for removal of school officers may be held before the acting commissioner of education or the counsel.