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 Discontinued from Probationary Service or Denied Certification of Completion of Probation (aka “Denied Tenure”) in the DOE should look into filing one of these appeals. They are affordable (no fees except for notarization; can be E-served and filed) and do not require a lawyer.
An Education Law § 310 appeal must be initiated within thirty days of the decision or action complained of, unless the delay is excused by the Commissioner for good cause shown in the petition. Day #1 of the thirty-day period starts on the day following the decision or action taken. If Day #30 falls on a Saturday or Sunday, then you have until Monday (or Tuesday, if Monday happens to be a holiday).
You can find more information about it, including decisions made by the Commissioner on this website.
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I cannot afford a lawyer. How can I begin this process?
NYSED has provided detailed instructions here.
You can also email NYSED. Two helpful staffers are Joshua Dingman and Daniel Morton-Bentley, Esq. Mr. Dingman is the Appeals Coordinator. Mr. Morton-Bentley is the Counsel & Deputy Commissioner for Legal Affairs. Their emails are:
Daniel.Morton-Bentley@nysed.gov
They cannot work for you but they are good to contact if you have general questions.
What are some frequently asked questions about this appeal?