New York Consolidated Laws

N.Y. Education Law § 310 (2026)

Appeals or petitions to commissioner of education and other proceedings

✓ current as of May 2026

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§ 310. Appeals or petitions to commissioner of education and other
proceedings.  Any party conceiving himself aggrieved may appeal by
petition to the commissioner of education who is hereby authorized and
required to examine and decide the same; and the commissioner of
education may also institute such proceedings as are authorized under
this article. The petition may be made in consequence of any action:
  1. By any school district meeting.
  2. By any district superintendent and other officers, in forming or
altering, or refusing to form or alter, any school district, or in
refusing to apportion any school moneys to any such district or part of
a district.
  3. By a county treasurer or other distributing agent in refusing to
pay any such moneys to any such district.
  4. By the trustees of any district in paying or refusing to pay any
teacher, or in refusing to admit any scholar gratuitously into any
school or on any other matter upon which they may or do officially act.
  5. By any trustees of any school library concerning such library, or
the books therein, or the use of such books.
  6. By any district meeting in relation to the library or any other
matter pertaining to the affairs of the district.
  6-a. By a principal, teacher, owner or other person in charge of any
school in denying a child admission to, or continued attendance at, such
school for lack of proof of required immunizations in accordance with
section twenty-one hundred sixty-four of the public health law.
  7. By any other official act or decision of any officer, school
authorities, or meetings concerning any other matter under this chapter,
or any other act pertaining to common schools.

Notes of Decisions

Cited in 102 cases (10 in the last 5 years), 1957–2026 · leading case: Bd. of Educ. v. Ambach, 517 N.E.2d 509 (NY 1987).

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Bd. of Educ. v. Ambach, 517 N.E.2d 509 (NY 1987). · cites it 5× “While the Commissioner viewed Margolin’s tireless pursuit of his contract remedies as entitling him to an appeal under Education Law § 310, these facts propel us to the opposite conclusion.”

Gabel Ex Rel. LG v. Bd. of Educ. of Hyde Park, 368 F. Supp. 2d 313 (S.D.N.Y. 2005). · cites it 4× “Petitioner’s appeal pursuant to Education Law § 310 is at this time inappropriate due to her failure to exhaust the administrative hearing process.”

Matter of Soriano v. Elia, 2017 NY Slip Op 8431 (N.Y. App. Div. 2017). “Petitioner appealed the Board’s determination to respondent Commissioner of Education (see Education Law § 310), alleging that his compensation could not be unilaterally reduced by the Board except as “discipline” pursuant to the procedures set forth in Education Law § 3020-a.”

Marshall v. N.Y. State Pub. High Sch. Athletic Ass'n, Inc., 374 F. Supp. 3d 276 (W.D.N.Y. 2019). · cites it 3× “at *3 (quoting N.Y. Educ. Law §§ 310 , 2037 ). The Commissioner argues that because an application to extend Plaintiff's athletic eligibility was filed and then proceeded through the administrative review process, the Commissioner's order denying Plaintiff's participation during…”

Woods v. Rondout Valley Cent. Sch. Dist. Bd. of Educ., 466 F.3d 232 (2d Cir. 2006). “As for the Commissioner’s authority to review the wide range of actions identified in New York Education Law § 310, this broad discretion concededly extends to lawful board decisions, but it cannot generally be exercised sua sponte, as would be the case with a veto.”

Matter of C.K. v. Tahoe, 2022 NY Slip Op 05899 (N.Y. App. Div. 2022). · cites it 2× “A, filed an administrative appeal pursuant to Education Law § 310, alleging that the discovery program was illegally implemented, that the discovery program is contrary to law and that the determination denying N.”

Cohn v. New Paltz Cent. Sch. Dist., 363 F. Supp. 2d 421 (N.D.N.Y. 2005). · cites it 2× “” N.Y. Educ. Law § 310 . The Commissioner’s power, however, is constrained and does not extend over all decisions.”

Mulgrew v. Bd. of Educ., 88 A.D.3d 72 (N.Y. App. Div. 2011). · cites it 2× “Education Law § 310 (7), which gives the State Commissioner of Education authority over grievances arising under the Education Law, does not provide for exclusive or original jurisdiction.”

O'Connor v. Sobol, 173 A.D.2d 74 (N.Y. App. Div. 1991). · cites it 3× “Petitioner appealed to respondent Commissioner of Education pursuant to Education Law § 310, claiming a violation of his 1st Amendment rights and requesting that the letter be removed from his file.”

Marshall v. N.Y.S. Pub. High Sch. Athletic Ass'n, Inc., 290 F. Supp. 3d 187 (W.D.N.Y. 2017). “Department of Education and may not be obtained in an appeal brought pursuant to Education Law § 310."); Appeal of Linda Cochran, et al.”

Gargiul v. Tompkins, 790 F.2d 265 (2d Cir. 1986). · cites it 5× “At that point New York law afforded Gargiul two procedural routes for challenging the Board’s suspension decision.”

SC v. Monroe Woodbury Cent. Sch. Dist., 136 A.D.3d 650 (N.Y. App. Div. 2016). · cites it 2× “Allegations that a public school failed to adopt and implement adequate policies and procedures to prevent bullying and *651 harassment should be addressed, in the first instance, to the Commissioner of Education (see Education Law § 310; cf. Matter of North Syracuse Cent.”

Show all 102 citing cases →

— N.Y. Education Law § 310(4) — 1 case

Catlin v. Sobol, 881 F. Supp. 789 (N.D.N.Y. 1995).

— N.Y. Education Law § 310(5) — 1 case

Presidents Council, Dist. 25 v. Cmty. Sch. Bd. No. 25, 457 F.2d 289 (2d Cir. 1972).

— N.Y. Education Law § 310(7) — 1 case

Eskenazi-McGibney v. Connetquot Cent. Sch. Dist., 2018 NY Slip Op 8467 (N.Y. App. Div. 2018).

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.