N.Y. Comp. Codes R. & Regs. tit. 8 § 275.8

Current through Register Vol. 46, No. 45, November 2, 2024

Section 275.8 - Service of pleadings and supporting papers

(a) Petition. A copy of the petition, together with all of petitioner's affidavits, exhibits, and other supporting papers, except a memorandum of law (unless the appeal is a charter school location/co-location appeal pursuant to section 276.11 of this Title, in which case the memorandum of law shall be served with the petition) or an affidavit in support of a reply, shall be personally served upon each named respondent, or, if a named respondent cannot be found upon diligent search, by delivering and leaving the same at the respondent's residence with some person of suitable age and discretion, between six o'clock in the morning and nine o'clock in the evening, or as otherwise directed by the commissioner. If a school district is named as a party respondent, service upon such school district shall be made personally by delivering a copy of the petition to the district clerk, to any trustee or any member of the board of education of such school district, to the superintendent of schools, or to a person in the office of the superintendent who has been designated by the board of education to accept service. If a board of cooperative educational services is named as a party respondent, service upon such board shall be made personally by delivering a copy of the petition to the district superintendent, to a person in the office of the district superintendent who has been designated by the board to accept service, or to any member of the board of cooperative educational services. Pleadings may be served by any person not a party to the appeal over the age of 18 years. If the last day for service of the petition falls on a Saturday or Sunday, service may be made on the following Monday; and if the last day for such service falls on a legal holiday, service may be made on the following business day.

(b) Subsequent pleadings and papers. All subsequent pleadings and papers shall be served upon the adverse party or, if the adverse party is represented by counsel, upon such party's attorney. When the same attorney appears for two or more parties, only one copy need be served upon such attorney. Except as provided in section 276.11 of this Title for charter school location/co-location appeals, service of all pleadings subsequent to the petition shall be made by United States mail, by private express delivery service or by personal service; service by mail shall be complete upon deposit of the paper enclosed in a postpaid properly addressed wrapper, in a post office or official depository under the exclusive care and custody of the United States Postal Service. Service by private express delivery shall be complete upon delivery of the pleading or paper enclosed in a properly addressed wrapper to an employee or agent of such private express delivery service or by deposit of such pleading or paper, properly addressed and wrapped, in a depository of such private express delivery service. If the last day for service of any pleading or paper subsequent to the petition falls on a Saturday or Sunday, service may be made on the following Monday; and if the last day for such service falls on a legal holiday, service may be made on the following business day.

(c) Award of bid. If an appeal involves the award of a contract pursuant to article 5-A of the General Municipal Law or pursuant to subdivision 14 of section 305 of the Education Law, and a party other than the petitioner has been designated as the successful bidder or has been awarded a contract, such successful bidder must be joined as a respondent and must be served with a copy of the petition. In such case, the respondent board of education or board of trustees shall forward to the commissioner, within 20 days after service of the petition on appeal, a copy of the notice to bidders together with proof of publication thereof, a copy of the specifications and copies of all bids or proposals.

(d) Disputed elections. If an appeal involves the validity of a school district meeting or election, or the eligibility of a district officer, a copy of the petition must be served upon the trustee or board of trustees or board of education as the case may be, and upon each person whose right to hold office is disputed and such person must be joined as a respondent. In such case, except where the eligibility of a district officer is involved, any qualified voter may serve and file an answer in such appeal whether or not the trustee or board of trustees or board of education serves and files an answer therein.

(e) Alternative service in appeals regarding the education of homeless children. Notwithstanding the provisions of subdivisions (a) and (b) of this section, service of pleadings and supporting papers 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 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. The local educational agency liaison for homeless children and youth 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 by mailing the petition, petitioner's affidavits, exhibits, and other supporting papers to the named school district employee, school district officer and/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, and by mailing all subsequent pleadings and papers to the adverse party or, if the adverse party is represented by counsel, to the party's attorney. When the same attorney appears for two or more parties, only one copy need be served upon the attorney.

(f) Alternative service during the State of emergency declared by the Governor pursuant to an Executive Order during the COVID-19 crisis. Notwithstanding subdivision (a) of this section, when personal service cannot be made during the State of emergency declared by the Governor pursuant to an Executive Order regarding the COVID-19 crisis, a party may serve pleadings and supporting papers by the following alternative means: (1) by mailing the petition, notice of petition and all supporting papers by first class mail in an envelope bearing the legend "APPEAL TO THE COMMISSIONER OF EDUCATION" (in capitalized letters) to an individual respondent at his or her last known residence or place of business, or in the case of a school district, to the attention of the district clerk and superintendent of schools, or, in the case of a board of cooperative educational services, to the attention of the district superintendent and the board; and (2) on the same date as the mailing, emailing the petition, notice of petition and all supporting papers under the subject heading "APPEAL TO THE COMMISSIONER OF EDUCATION" (in capitalized letters) to such person, or in the case of a school district, to both the district clerk and superintendent of schools, or, in the case of a board of cooperative educational services, to the district superintendent and the board. Service shall be deemed complete upon the completion of both steps identified above. Proof of service shall thereafter be filed with the Department as set forth in section 275.9 of this Part.

N.Y. Comp. Codes R. & Regs. Tit. 8 § 275.8

Amended New York State Register February 24, 2021/Volume XLIII, Issue 08, eff. 2/24/2021