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Some procedural basics in perfecting an appeal to the Commissioner of Education

By Mitchell H. Rubinstein

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Kathleen Vendel, et al., v the Board of Education of the Marion Central School District, Decisions of the Commissioner of Education, Decision #16,134 The decision of the Commissioner of Education in Vendel sets out a number of procedural elements that...

Full post as published by Adjunct Law Prof Blog on January 18, 2011 (boomark / email).

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Some procedural basics in perfecting an appeal to the Commissioner of Education

Commissioner of Education lacks jurisdiction to consider �310 appeals challenging administrative determinations of Education Department administrators

Reopening an appeal following the promulgation of a decision by the Commissioner of Education

Failure to serve the proper party a fatal procedural error

Failure to satisfy all the procedural mandates when filing an appeal with the Commissioner of Education is a fatal defect

Failure to serve notice of an appeal to the Commissioner of Education as set out in the Commissioners regulations a fatal procedural defect

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