1. How to Prepare and Serve a Verified Answer to a Cross-Appeal (Sample Forthcoming)
The guidance provided in this step presumes that the parent is the Petitioner who filed the Request for Review and the district is the Respondent in the appeal to the State Review Officer. However, if those roles are reversed, the school district would follow the same rules in a similar manner in order to serve and file an Verified Answer to a Cross-Appeal upon a parent.
Within 5 business days after receiving an Answer with Cross-Appeal, you may serve a Verified Answer to the Cross-Appeal. If the Answer with Cross-Appeal was served on you by mail, 3 calendar days are added to the end of this period.
a. If you disagree with the district's Cross-Appeal, you will need to explain in your answer why the impartial hearing officer was correct in deciding in your favor the issues the school district is now appealing. If possible, you should refer to the evidence in the record, such as the page numbers from the written transcript of the hearing or written documents which were presented at the hearing, to support your argument. For example, "Tr. pp. 365-70" means that the State Review Officer should focus on or be convinced of your point that you are writing about by looking at pages 365 through 370 of the hearing transcript, and "Parent Ex. Q at p. 8" means that the State Review Officer should focus on or be convinced by the information on page 8 of Parent's documentary exhibit Q.
b. The Answer 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.
c. While you are not required to refer to portions of Federal or State laws or regulations to support your argument that the decision of the hearing officer should be upheld, you may do so in the Answer. You may also submit a separate document detailing your legal arguments. The separate document is a Memorandum of Law. Your Memorandum of Law in support of your Answer should be typewritten, 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.
d. State regulations require that all pleadings be signed by the party if unrepresented or, if represented by an attorney, must be signed by the attorney. The Answer to Cross-Appeal must be dated.
e. Affidavit of Verification Form D. (Form D / Form D). A verification is a document prepared after the Answer to Cross-Appeal has been completed, signed, and dated. In this form you as the petitioner make an oath in front of any person authorized to administer oaths in New York State (such as a Notary Public or Commissioner of Deeds) that the statements in the signed and dated Answer to Cross-Appeal are true to the best of your knowledge. Affirmations, if used, must be sworn under penalties of perjury.
f. You may serve the Verified Answer to the Cross-Appeal along with the Affidavit of Verification by personal delivery, mail, or overnight delivery service to the school district or the school district's attorney. You should make a copy of these documents for your records.
g. An Affidavit of Service must be completed.
- The Affidavit of Service must be signed before a Notary Public or a Commissioner of Deeds by the person who delivered the documents to the Board of Education. You should make a copy and keep for your records.
- If you serve the Answer to Cross-Appeal by mail or overnight delivery service, you may compete the Affidavit of Service by Mail using Form F (Form F / Form F).
- However, if you serve the Answer to Cross-Appeal by personal service (i.e. hand delivery) then you may complete the Affidavit of Personal Service using Form E (Form E /Form E).
- The forms provided on the web site of the Office of State Review are for service in accordance with State regulations only. The Office of State Review does not provide other forms for use in conjunction with alternative methods of service of a Verified Answer to Cross-Appeal as agreed to by parties.
h. Within 2 calendar days of serving the Verified Answer to the Cross-Appeal upon the school district, the following items must be filed with the Office of State Review:
- the original Verified Answer to the Cross-Appeal,
- the Affidavit of Verification,
- a Memorandum of Law (optional), and
- the Affidavit of Service.
As of March 2023, you are strongly encouraged to electronically file the documents listed above using the secure, encrypted e-File System instead of mailing them to the Office of State Review.
If you do not electronically file your documents, State regulation permits you to mail the documents to:
Office of State Review New York State Education Department 80 Wolf Road, Suite 203 Albany, NY 12205