After you have prepared the Notice of Request for Review, Request for Review, and Affidavit of Verification, you should make two copies of the originals. You should keep one copy for your records. The other copy of the Notice of Request for Review, Request for Review, and Affidavit of Verification must be hand-delivered to the school district. This hand-delivery is a form of "service." This service must be made upon the school district clerk, any trustee or member of the Board of Education, the superintendent of schools, or a person in the superintendent's office who has been designated by the Board to accept service.
After service (by hand-delivery) the Notice of Request for Review, the Request for Review and the Affidavit of Verification on the school district as described above, you must also submitt an Affidavit of Personal Service that is signed by the person who served the papers.
An Affidavit of Service is a written form that describes how, when and to whom the appeal papers were served. The Affidavit of Service must include:
- What papers were delivered
- Who delivered the papers
- Where the papers were delivered
- The date and time the papers were delivered
- How the papers were delivered
- If given to someone, a description of the person and
- If papers were mailed, when and how they were mailed.
The Affidavit of Service must be signed by the person who served the school district with the documents in front of a notary public. You should make a copy of the Affidavit of Service for your records.
2. Filing with the Office of State Review
Within 2 calendar days of serving the Request for Review upon the school district, the original Notice of Intention to Seek Review and Case Information Statement, Notice of Request for Review, Request for Review, Affidavit of Verification and Affidavit of Service must be mailed to the State Review Officer at the following address:
Office of State Review
New York State Education Department
80 Wolf Road, Suite 203
Albany, NY 12205
3. Improper Service/Filing of a Request for Review
If you do not serve your Request for Review upon the school district within 40 calendar days of the date of the impartial hearing officer's decision, your appeal may be dismissed. To avoid this outcome you must clearly state good reason(s) within your Request for Review explaining why you were unable serve it within the 40-day time limit (i.e. lengthy or unplanned hospitalization, catastrophic weather conditions/power loss).
Please note that the State Review Officer may, but is not required to excuse a party's failure to timely serve a Request for Review if good cause is shown within the Request for Review. Good cause generally includes situations that arise that are beyond your control, and generally does not include business/personal travel, lack of legal representation, or work/regular family obligations. Lengthy delays in receiving the IHO's decision may or may not be good cause depending on the circumstances and you should make your best efforts to comply with the 40-day time limit for serving the Request for Review even if your receipt of the IHO's decision was delayed.