Appeal of JEREMY STEINBERGER, on behalf of his son IDAN, from action of the New York City Department of Education regarding transportation.

Decision No. 15,618

(August 6, 2007)

Hon. Michael A. Cardozo, Corporation Counsel, attorney for respondent, Steven D. Weber, Esq., of counsel

MILLS, Commissioner.--Petitioner appeals the determination of the New York City Department of Education (“respondent”) denying his request for transportation for his son, Idan.  The appeal must be dismissed.

During the 2006-2007 school year, Idan was a third grade student at Yeshiva of Central Queens, a nonpublic school located within respondent’s school district.  According to respondent’s transportation regulation, children in grades three through six who reside more than one mile from school are entitled to free transportation.  Respondent’s Office of Pupil Transportation (“OPT”) determined that Idan resided less than one mile from school and was not eligible for free transportation.

In a letter to OPT, petitioner requested a variance from respondent’s transportation regulation.  By letter dated March 2, 2007, OPT denied his request.  This appeal ensued.

Petitioner maintains that respondent miscalculated the distance and asks that I reverse respondent’s determination.  Respondent maintains that its determination was reasonable and argues that the appeal is untimely.

     An appeal to the Commissioner must be commenced within 30 days from the making of the decision or the performance of the act complained of, unless any delay is excused by the Commissioner for good cause shown (8 NYCRR §275.16; Appeal of O’Brien, 44 Ed Dept Rep 43, Decision No. 15,092; Appeal of Spina, 43 id. 354, Decision No. 15,016).  Respondent notified petitioner of the decision to deny transportation by letter dated March 2, 2007.  Petitioner did not properly commence his appeal until April 20, 2007, some 49 days later.  Petitioner offers no excuse for his delay.  Therefore, the appeal must be dismissed as untimely.

THE APPEAL IS DISMISSED.

END OF FILE