N.Y. Comp. Codes R. & Regs. tit. 8 § 113.23

Current through Register Vol. 46, No. 45, November 2, 2024

Section 113.23 - Final determination

(a) If no panel was designated to consider an appeal pursuant to section 113.19 of this Part, the city board shall finally determine the appeal by filing an order either affirming the order of the chancellor from which the appeal was taken or modifying or reversing such order if it is determined to be arbitrary or capricious, or contrary to law, regulation or sound educational policy. Such order shall be filed not later than the 30th day following the date of filing of the last filed appeal paper. The order shall state or be accompanied by a memorandum stating the grounds on which the order is based.

(b) If a panel was designated to consider an appeal, the panel shall upon its determination of the appeal, file with the city board, not later than 25 days after the filing of the last filed appeal paper, the written record of the appeal and a proposed order either affirming the order of the chancellor from which the appeal was taken or modifying or reversing such order if it is determined to be arbitrary or capricious, or contrary to law, regulation or sound educational policy. The proposed order shall state or be accompanied by a memorandum stating the grounds on which the proposed order is based. The city board shall then finally determine the appeal in accordance with subdivision (a) of this section.

N.Y. Comp. Codes R. & Regs. Tit. 8 § 113.23