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  1. The Reply is your response to any claims the school district raised in its Answer that you did not already address in your Request for Review, to any affirmative defenses raised in the Answer, or to any additional documentary evidence served with the Answer.
  2. You may serve the school district with a Reply within 3 calendar days after you receive personal service of the Answer (or within 6 calendar days if the Answer was mailed to you).
  3. Affirmative Defenses are facts raised by the school district which prevent you from winning your appeal for reasons other than the merits of your claim.  Examples of affirmative defenses include:
  • That your request for review was not served on time or was not properly served on the district
  • That the claims in your request for review were already resolved in an earlier impartial hearing or in a settlement agreement with the district
  • That you are not the parent of the student or do not live in the district
  • That you did not request or have an impartial hearing before seeking review by a State Review Officer
  • That your claims are not the type of dispute that can be resolved by a State Review Officer
  1. The Reply should be typewritten using standard double-spacing, in 12-point Times New Roman font, on standard 8 1/2 by 11 inch white paper, and no longer than 10 pages.  Margins should be no smaller than 1 inch.
  2. You may serve a Reply by personal delivery, mail, or overnight delivery service to the school district's attorney.
  1. The Reply must be filed, together with an Affidavit of Service within 2 calendar days after the service of the Reply on the school district. You may file the Reply with:

Office of State Review

New York State Education Department

80 Wolf Road, Suite 203

Albany, NY 12205

If you serve the reply by mail or overnight delivery service, you may compete the Affidavit of Service using Form F (Form F / Form F).

However, if you serve the Reply by personal service (i.e. hand delivery) then you may complete the Affidavit of Personal Service using Form E (Form E / Form E)