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Decision No. 15,643

Appeal of SUZETTE D. REISS, on behalf of her son CHARLES, from action of the Board of Education of the Greenport Union Free School District regarding transportation.

Decision No. 15,643

(August 22, 2007)

Guercio & Guercio, attorneys for respondent, Kelly A. Reape, Esq., of counsel

MILLS, Commissioner.--Petitioner challenges the determination of the Board of Education of the Greenport Union Free School District (“respondent”) denying her son, Charles, free transportation to a nonpublic school during the 2007-2008 school year.  The appeal must be dismissed.

Petitioner is a resident of Orient, which is within the Oysterponds Union Free School District (“Oysterponds”).  Pursuant to a contractual arrangement, respondent’s district provides educational services for secondary school students residing in Oysterponds.  This agreement does not require respondent to provide transportation to Oysterponds students. 

On or about March 27, 2007, petitioner requested that respondent provide transportation for her son to the Ross School, a nonpublic school, for the 2007-2008 school year.  By letter dated April 26, 2007, respondent agreed to provide transportation for Charles to the Ross School at a cost of $5,700 per year.  This appeal ensued.  Petitioner’s request for interim relief was denied on June 5, 2007.

Petitioner argues that respondent is obligated to provide Charles with free transportation to the Ross School because the district will be transporting one or more resident students to the Ross School during the 2007-2008 school year.  Respondent argues that it has no obligation to provide free transportation for nonresident students to nonpublic schools.

Education Law §3635(1)(a) requires school districts to provide transportation for all resident children to and from the school a child legally attends within certain parameters.  Respondent is not required to provide transportation for nonresident students (Appeal of Jeudy, 46 Ed Dept Rep __, Decision No. 15,579; Appeal of Fuller, 41 id. 86, Decision No. 14,623; Matter of Empson, 19 id. 139, Decision No. 10,067).

Petitioner acknowledges that she and Charles live in Orient, which is within the Oysterponds Union Free School District.  Therefore, respondent is not required to provide petitioner’s son, a non-resident, with free transportation to a nonpublic school.

In light of this disposition, I need not address the parties’ remaining contentions.

THE APPEAL IS DISMISSED.

END OF FILE