8 CRR-NY 275.9NY-CRR
8 CRR-NY 275.9
8 CRR-NY 275.9
275.9 Filing and fee.
(a) Within five days after the service of any pleading or paper or, in the case of a charter school location/co-location appeal pursuant to section 276.11 of this Title, within the period specified in such section 276.11 of this Title, the original, together with the affidavit of verification and an affidavit proving the service of a copy thereof, shall be transmitted to the Office of Counsel, New York State Education Department, State Education Building, Albany, NY 12234. The affidavit of service shall be in substantially the form set forth below and shall indicate the name and official character of the person upon whom service was made.
FORM FOR AFFIDAVIT OF PERSONAL SERVICE
STATE OF NEW YORK
COUNTY OF ____ss.:
______, being duly sworn, deposes and says that he/she is over the age of eighteen years and is not a party in this proceeding; that on the __ day of __, 20 __, at No. ____ Street, in the town of ____, county of ______, State of New York, he/she served the annexed ____ on ____ by delivering to and leaving with said ____ at said time and place a true copy thereof.
Deponent further says he/she knew the person so served to be the said ____ who is __ in said district and who is duly authorized to accept service.
(Signature)
Subscribed and sworn to before
me this ____ day of ____, 20 _.
(Signature of notary public)
FORM FOR AFFIDAVIT OF SERVICE BY MAIL
STATE OF NEW YORK
COUNTY OF ____ ss.:
______, being duly sworn, deposes and says that he/she is over the age of eighteen years and is not a party in this proceeding; that on the __ day of __, 20 __, deponent served the within ____ upon ____ in this action, at ____, the addresses designated by ____ for that purpose, by depositing a true copy of the same by mail, enclosed in a post paid properly addressed wrapper, in __ a post office ____ official depository under the exclusive care and custody of the United States Post Office Department.
(Signature)
Subscribed and sworn to before me this day of __, 20 __
________
(Signature of notary public)
FORM FOR AFFIDAVIT OF SERVICE BY PRIVATE EXPRESS DELIVERY SERVICE
STATE OF NEW YORK
COUNTY OF ____ss.:
______, being duly sworn, deposes and says that he/she is over the age of eighteen years and is not a party in this proceeding; that on the __ day of __, 20 __, deponent served the within ____ upon ____ in this action, at ____, the addresses designated by ____ for that purpose, by:
(1) delivering a true copy of the same, enclosed in a properly addressed wrapper, to an employee/agent of ______ (name of private express delivery service), for delivery to said party at said address; or
(2) depositing a true copy of the same, enclosed in a properly addressed wrapper, in a depository of ______ (name of private express delivery service) for delivery to said party at said address.
(Signature)
Subscribed and sworn to before
me this ____ day of ____, 20 _.
(Signature of notary public)
(b) Filing in an appeal regarding the education of a homeless child or youth.
In an appeal regarding a homeless child's or youth's access to a free, appropriate public education pursuant to section 100.2(x) of this Title, 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 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, to the Office of Counsel, Education Department, State Education Building, Albany, NY 12234. The affidavit of service shall be in the form set forth below and shall indicate the name and official character of the person upon whom service was made.
FORM FOR AFFIDAVIT OF ACCEPTANCE OF PERSONAL SERVICE BY LOCAL EDUCATIONAL LIAISON FOR HOMELESS CHILDREN AND YOUTH
STATE OF NEW YORK
COUNTY OF ____ss.:
______, being duly sworn, deposes and says that he/she is the local educational agency liaison for homeless children and youth for the school district; that on the __ day of __, 20 __ he/she accepted service of the annexed ____ on behalf of ______.
(Signature)
Subscribed and sworn to before me this __ day of __, 20 _.
________
(Signature of notary public)
FORM FOR AFFIDAVIT OF SERVICE BY MAIL BY LOCAL EDUCATIONAL AGENCY LIAISON
STATE OF NEW YORK
COUNTY OF ____ss.:
______, being duly sworn, deposes and says that he/she is over the age of eighteen years and is the local educational agency liaison for homeless children and youth for the __ school district; that on the __ day of __, 20 __, deponent served the within __ upon __ in this action, at __, the address designated by __ for that purpose, by depositing a true copy of the same mail, enclosed in a post paid wrapper addressed to the named school district employee or officer or a person in the office of the superintendent who has been designated by the board of education to accept service on behalf of the school district, in __ a post office __ official depository under the exclusive care and custody of the United States Post Office Department.
(Signature)
Subscribed and sworn to before me this day of __, 20 _
________
(Signature of notary public)
(c) Filing fee.
A fee of $20, payable to the State Education Department, shall accompany the filing of a petition in an appeal to the Commissioner of Education, except that there shall be no fee for the filing of a petition pursuant to Education Law section 4404(2). No fee shall be required in appeals regarding a homeless child's or youth's access to a free, appropriate public education pursuant to section 100.2(x) of this Title. The requirement of a filing fee may be waived, at the discretion of the commissioner, upon application by a petitioner in the form of an affidavit by petitioner or petitioner's attorney. Such affidavit shall set forth the amount and sources of all income of petitioner, whether taxable or not; shall list all property held by petitioner, including real estate, personal property and bank accounts, together with the total value of each category; and shall state that the petitioner is unable to pay the fee necessary to initiate the appeal.
8 CRR-NY 275.9
Current through July 15, 2021
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