N.Y. Comp. Codes R. & Regs. tit. 8 § 279.4

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

Section 279.4 - Initiation of review

(a) Request for review. A party seeking review (petitioner) shall personally serve a notice of request for review and a request for review upon the opposing party (respondent) within 40 days after the date of the decision of the impartial hearing officer sought to be reviewed. The request for review shall clearly specify the reasons for challenging the impartial hearing officer's decision, identify the findings, conclusions, and orders to which exceptions are taken, or the failure or refusal to make a finding, and shall indicate what relief should be granted by the State Review Officer to the petitioner. The request for review must conform to the form requirements in section 279.8 of this Part.

(b) In the event that a school district is named as a respondent in a request for review, personal service of the request for review upon such school district shall be made by delivering a copy thereof to the district clerk, to a trustee or member of the board of education of such school district, to the superintendent of schools, or to a person who has been designated by the board of education to accept service.

(c) In the event that a parent of a student with a disability is named as a respondent in a request for review, personal service of the request for review shall be made by delivering a copy thereof to the parent; if delivery of the request for review to the parent cannot be made after diligent attempts, the board of education may serve the request for review upon the parent:

(1) by delivering and leaving the same at the parent's residence with some person of suitable age and discretion, between six o'clock in the morning and nine o'clock in the evening, and mailing by certified mail the request for review to the parent's last known residence; or

(2) if the board of education is unable to effectuate service pursuant to paragraph (1) of this subdivision, as directed by a State Review Officer.

(3) Where service is made pursuant to paragraphs (1) or (2) of this subdivision, the board of education must complete service within the timeline specified in subdivision (a) of this section and submit to the Office of State Review with its request for review proof of service, setting forth the attempts made to personally serve the request for review and specifying the dates, addresses, and times of each of its attempts at effectuating service.

(d) Completion of Service. Service shall be complete upon delivery to the party being served; the alternate service permitted by paragraphs (c)(1) and (c)(2) of this section shall be complete upon performance of all the actions required.

(e) A petitioner shall file the notice of intention to seek review, notice of request for review, request for review, and proof of service with the Office of State Review of the State Education Department within two days after service of the request for review is complete. No filing by facsimile or electronic mail shall be permitted.

(f) Cross-appeals. A respondent who wishes to seek review of an impartial hearing officer's decision may cross-appeal from all or a portion of the decision by setting forth the cross-appeal in an answer served within the time permitted by section 279.5 of this Part. A cross-appeal shall clearly specify the reasons for challenging the impartial hearing officer's decision, identify the findings, conclusions, and orders to which exceptions are taken, or the failure or refusal to make a finding, and shall indicate the relief sought by the respondent.

(g) Additional papers in support of a request for review. A memorandum of law, if any, must be served upon the other party to the hearing and filed with the Office of State Review together with the request for review. A memorandum of law shall comply with the requirements of section 279.8 of this Part.

N.Y. Comp. Codes R. & Regs. Tit. 8 § 279.4

Amended New York State Register September 28, 2016/Volume XXXVIII, Issue 39, eff. 1/1/2017