The New York State Education Department is the entity that regulates education in New York State. With so many educational establishments across NYS, it won’t be as surprising to see irregularities and complaints targeted at some educational institutions.
Continue reading to learn how to serve the NYS Department of Education. In addition, we’ll recommend a reliable process-serving firm to help on your legal journey.
The NYS Department of Education
The Department of Education (DOE) for the State of New York regulates the educational system in the tri-state region — New York, New Jersey, and Connecticut. So, in the case a NY resident wishes to pursue a school legally, they must do it through the DOE.
The process might seem slightly complicated when it comes to serving the NYS Department of Education, but it’s nothing that can’t be accomplished with legal assistance. If you’re wondering why anyone would want to sue the educational system in the State of New York, you might be surprised to learn that negligence in schools happens more often than most think.
How to Approach the Matter of Serving the NYS Department of Education?
If an educational establishment is held as a defendant, the court must first attest that the facility failed to provide proper care. In such instances, the educational establishment can be the subject of a legal pursuit.
The plaintiff, as legally referred to, is the person that instigates legal action, in this case, against an educational institution in NYS. The most common reasons for NY residents to start a court case against a school is due to negligence and negligent supervision. In both cases, the incident in question can involve a teacher, an administrative staff member, peripheral staff, or other employees within the school.
Following The Serving Process
Before taking any legal action, the plaintiff must serve a Notice of Claim within 90 days of the presumed incident. If the plaintiff has hired legal counsel, they can act on behalf of the client; otherwise, the plaintiff can hire professional process-serving agencies to convey the motion.
Since the DOE is deemed a non-mayoral institution, all claims can be filed with the Department. After the filing, the Department will issue a Claim Number if necessary. The DOE reviews each claim to ensure the Department can step forward and authorize the service. If everything checks out, the Department will inform the plaintiff of the course of action via email.
Typically, serving papers is done in person, but since the COVID pandemic, the Department recommended online submission. However, the restrictions may be lifted as the pandemic subsides.
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