How to File an Education Law §310 appeal

Education Law §310 provides that persons considering themselves aggrieved by an action taken at a school district meeting or by school authorities may appeal to the Commissioner of Education for a review of such action. Teachers who have been recommended for Discontinuance of Probationary service in the DOE should look into filing one of these appeals. They are affordable (costing roughly $20) and do not require a lawyer.

Directions on how to file such an appeal can be found here: http://www.counsel.nysed.gov/appeals/instruction

There are 7 forms one needs to fill out in order to file an Ed Law 310 appeal: http://www.counsel.nysed.gov/appeals/forms

General information can be found here: http://www.counsel.nysed.gov/appeals/

Such an appeal can be filed as a class action suit. A group of discontinued teachers who received appeals at OAR in the same month and heard back from the DOE regarding the upholding of their discontinuance in the month of, say February, could file an Ed Law 310 appeal by March 1st.

The downside to this process is that the statute of limitations: You must serve your papers (see the regulations referenced here for rules on proper service) no more than thirty (30) days after the action you are challenging has taken place. For example, if you are challenging a decision by the board of education to suspend your child, you must bring your petition within 30 days of the board’s final determination to suspend. Appeals brought more than 30 days later will generally be dismissed by the Commissioner.

3 Comments

  1. I heard of a class action for discontinued teachers in NY. How can I get that info?

  2. Dettering Hamilton

    They have been unresolved situations occurring with Mr Towsley Chris and MS Finkel Rose at LMCS Middle/High School. I was told by Mr. towsley to sing my daughter out of school and let her take a GED or go to job core.Mrs. Johnson and Mr. towsley stated to me for my daughter to go back where she came from Nia Hamilton. it was a little Hell registering my daughter nia hamilton.my younger daughter was accused of bullying and cleared but no apology Jade Hamilton. Mr. Towsley was given confidential information on a student out of concern but deliberately expose my family which causes problems today. I’m The Custodial parent. important information is not sent to me such as my daughters schedule. MS finkel Rosa has a very nasty Bias Attitude Acting Funny and poking her nose in my business course my daughter to miss the first day of school Nia Hamilton. all the important information on my two girls are being sent to Manhattan to the mother but I have physical custody and they live with me
    Dettering Hamilton. Request that Mr. towsley have no dealing with my daughters this year whatsoever. Mr towsley approach my daughter repeating the same thing over and over in the school hall to go for a GED or Job corps thoughout the week and minutes before the statewide test causing her to be discouraged and of course she failed.if i wan not mistaken would think he did not work for the board of ed. dettering3@yahoo.com or Cell 516-503-6421 27 arts Blvd. p.o. box 892. Livingston manor NY 12758 PS I have all court orders an documents that was refused also email to prove what I’m saying. LMCS 19 school street livingston manor ny 12758

  3. can u help my son for residency issue.He is living with his aunt. Thanks

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