Appeal of S.H.., on behalf of her child, from action of the Board of Education of the Roosevelt Union Free School District regarding transportation.

Decision No. 18,385

(March 5, 2024)

Guercio and Guercio, LLP, attorneys for respondent, Anthony J. Fasano, Esq., of counsel

ROSA., Commissioner.--Petitioner appeals the decision of the Board of Education of the Roosevelt Union Free School District (“respondent”) to deny transportation to her child (the “student”) to a nonpublic school during the 2023-2024 school year.  The appeal must be dismissed as untimely. 

An appeal to the Commissioner must be commenced within 30 days from the decision or act complained of, unless any delay is excused by the Commissioner for good cause shown (8 NYCRR 275.16; Appeal of Saxena, 57 Ed Dept Rep, Decision No. 17,239; Appeal of Lippolt, 48 id. 457, Decision No. 15,914).  Except in unusual circumstances, ignorance of the appeal process does not afford a sufficient basis to excuse a delay in commencing an appeal (Appeal of D.B., 59 Ed Dept Rep, Decision No. 17,807; Appeal of Stieffenhofer, 48 id. 231, Decision No. 15,846).

Respondent denied petitioner’s transportation request via email and regular mail on August 4, 2023.  In the petition, petitioner acknowledges that respondent made its decision on August 4, 2023.  This appeal was commenced on September 7, 2023, more than 30 days from respondent’s decision.  Petitioner did not submit a reply in response to respondent’s affirmative defense that the appeal is untimely and does not otherwise set forth good cause for the delay (Appeal of Simonis, 60 Ed Dept Rep, Decision No. 17,889).  Thus, the appeal must be dismissed as untimely.

THE APPEAL IS DISMISSED.

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