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Decision No. 13,677

Appeal of REHNEA B. MILLER, on behalf of ARMAND J. MILLER and AMARIS J. MILLER, from action of the Board of Education of the City School District of the City of New York and the Board of Education of Community School District 29 regarding home instruction.

Decision No. 13,677

(September 27, 1996)

MILLS, Commissioner.--Petitioner appeals the action of the Board of Education of the City School District of the City of New York requiring the assessment of her children at a public school. The appeal must be dismissed.

Petitioner has homeschooled her children, Armand and Amaris, since August 1994. She alleges that on April 29, 1996, by order of the Test Administrator for the Central Board of Education, respondent's Testing Coordinator notified her that her children would be assessed by tests to be administered at the local public school on the following day. This appeal ensued.

Petitioner contends that '100.10 of the Commissioner's regulations provides parents with options as to where a homeschooled child is to be assessed. She seeks to compel respondent to provide her with the full range of options available under the Commissioner's regulations, as well as all appropriate information and materials necessary for her to prepare her children for annual assessment in a timely manner. Petitioner's request for interim relief pending a determination on the merits was denied on August 30, 1996. Respondents have failed to answer.

The appeal must be dismissed for failure to exhaust administrative remedies. Commissioner's regulation '100.10(h)(3) provides that disputes between parents and superintendents of schools over test administrations for homeschooled children are appealable to the board of education, and disagreements with the board's determination may be appealed to the Commissioner. Because petitioner has failed to demonstrate that she has first appealed this matter to respondent, the appeal must be dismissed.